Schwartz v. Schwartz

SHEPARD, J.

Appellants acted as attorneys for plaintiff in the early stages of an action for divorce in the above entitled action, which action was filed on February 14, 1958. Custody of two minor children and contentions over the division of substantial property, as well as the divorce, were involved. On March 19, 1958, attorney’s fees in the amount of $2,500 were awarded to these appellants by a preliminary order which retained jurisdiction in the trial court to augment or modify fees in accordance with the reasonable necessities of the ease. At plaintiff’s instance, a substitution of attorneys was had on March 27, 1958, and another attorney thereafter acted for plaintiff. On May 28, 1959, defendant husband moved for a modification of attorney’s fees alleging

inter alia

that within one week from the date that the order for attorney’s fees was obtained, as hereinbefore referred to, plaintiff consulted with and employed another attorney and the substitution of attorneys hereinbefore referred to was signed; that the only services rendered by these appellants were those relating to the preparation, filing and service of complaint and summons, order to show cause and temporary restraining order, affidavits in connection therewith, hearing on said order to show cause, and the written order resulting therefrom; that the only court appearance was on said order to show cause; that a property settlement agreement had been reached between the parties allowing $2,500 attorney’s fees to the new attorney; and that adequate compensation for the

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attorney services rendered by these appellants up to the time they had been substituted out of the case was in the sum of $1,250, which sum had already been paid by said defendant to these appellants. Appellants thereupon moved the court for additional attorney’s fees and for costs and expenses incurred.

After hearing the motions and arguments of counsel the trial court ordered the fees of these appellants reduced to the sum of $1,250, denied appellants’ motion for additional attorney’s fees, and allowed to them costs expended in the sum of $21.50. From these orders appellants take their appeal.

It is argued first that the court exceeded its jurisdiction in reducing the award of attorney fees theretofore made to these appellants. This contention is without merit.