Perry v. Perry
Annotate this CaseCatherine Whelan was appointed as the attorney for the minor children of the parties in a dissolution action and continued to represent the children during postjudgment proceedings. Whelan filed a motion seeking payment of outstanding fees and an allowance to participate in an appeal, which the trial court granted. Whelan then sought to recover the fees she owed to Arnold Rutkin, who represented her in the previous proceeding. The trial court granted the motion in part. Thereafter, Whelan filed a motion for sanctions and attorney’s fees for alleged litigation abuses, which the trial court denied. Whelan sought to appeal on behalf of the minor children, without success. These two appeals and writ of error followed. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court did not abuse its discretion in denying Whelan’s motion for permission to appeal on the minor children’s behalf after properly concluding that an appeal was not in the children’s best interests; (2) the trial court erred in awarding Rutkin’s fees; and (3) the trial court failed to apply the proper standard to Whelan’s claim of litigation misconduct.
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