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Cardinal & Stachel, P.C. v. Curtiss

225 Ariz. 381, 238 P.3d 649 (2010)

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Cardinal & Stachel, P.C. v. Curtiss

Arizona Court of Appeals
225 Ariz. 381, 238 P.3d 649 (2010)

  • Written by Liz Nakamura, JD

Facts

Leela Curtiss retained Cardinal & Statchel, P.C. (C&S) (plaintiff), a law firm, to represent her in her divorce from Kieran Curtiss (defendant). Leela died before the divorce was finalized. C&S filed an action against Kieran, as Leela’s widower, to recover the attorney’s fees Leela owed for C&S’s services. Kieran moved to dismiss, arguing that C&S could not recover from him because the fees Leela incurred were not a community debt. The trial court agreed and dismissed C&S’s complaint, holding that, as a matter of law, the attorney’s fees Leela incurred during the divorce proceedings could not be classified as a community debt because those fees were incurred to dissolve the community, even if the dissolution never happened because of Leela’s death. C&S appealed.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

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