Smithart v. Sportsman

MURPHY, Senior Judge.

The parties on this appeal seek rulings on two related issues:

One, the authority of the trial court after the death of one party in a pending proceeding to modify a decree of dissolution, to enter an award for attorney fees.

Two, the authority of the trial court under the same circumstances to enter an award for accrued litigation costs.

We decline consideration of the first issue as not properly before the court and affirm the ruling of the trial court on the second issue denying the motion for litigation costs.

A brief statement of the facts and procedural aspects of the…