Davis v. Rahkonen

Attorney J.M. Davis appeals from that part of a divorce petition dismissal that denied him an award of attorney fees. The issue is whether the death of a party to a pending divorce action deprives the circuit court of jurisdiction to award a judgment for attorney fees pursuant to sec. 767.23(3), Stats. Because we conclude that an award of attorney fees is in accord with the legislative intent of sec. 767.23(3), we reverse.

On June 9, 1980, Maren Rahkonen petitioned for a divorce from David Rahkonen. Attorney J.M. Davis prepared Mrs. Rahkonen’s petition and subsequently represented her at four…