Wheeler v. Dovey
In a partition action, the trial court had granted the defendant daughter entitlement to attorney's fees, but she died before the amount was determined and the plaintiff then voluntarily dismissed. Her counsel nonetheless pursued the fee claim and obtained a $50,090.10 award. The Second District reversed, holding that the death of the client terminated the attorney's authority and, absent substitution of a proper party, no party entitled to fees remained before the court.
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