MacLeod v. Hoff

WHATLEY, Judge.

In this marital dissolution case, the appellant, Donald MacLeod, contends the trial court lacked jurisdiction to award attorney’s fees to his wife’s counsel, because his wife, Harriet E. Hoff, died while the divorce was pending. While Mr. MacLeod’s contention may have merit, it is impossible to make a determination from the record before us. We, therefore, reverse and remand for further proceedings.

When a spouse in a marital dissolution proceeding dies before entry of a final judgment of dissolution, the trial court is thereafter deprived of jurisdiction to enter a final…