In re Estate of McFadden

State: Illinois

Court: Illinois Southern District Court

Docket No: 2101157

Case Date: 12/30/2011

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Appellate Court

In re Estate of McFadden, 2011 IL App (2d) 101157

Appellate Court Caption

In re ESTATE OF IAN A.F. McFADDEN, a Minor (Tara Fuller, as Guardian of the Estate, Petitioner-Appellee, v. Kim MacCloskey and Associates, Respondent-Appellant).

District & No.

Second District Docket No. 2-10-1157 December 30, 2011 In an action to adjudicate respondent attorney's lien for representing petitioner's son in a personal injury action, the trial court's judgment granting petitioner's request to adjudicate the lien to zero was affirmed, even though the trial court erred in finding the lien invalid, since the minor's father, purporting to act as next friend of his son, retained respondent's services to pursue the tort action, but the father had been divorced from petitioner for several years, did not have custody and was substantially behind in child support and, therefore, lacked the ability to assert a claim for his son, and although that disqualification did not invalidate respondent's lien, any work respondent did after being notified that petitioner was the appropriate party to act for the minor was done at respondent's own peril, respondent's decision to continue working was not reasonable, and in the absence of evidence of the work done, no compensation was warranted. Appeal from the Circuit Court of Winnebago County, No. 07-P-362; the Hon. Lisa Fabiano, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment Counsel on Appeal

Affirmed. Mary I. Wood, of Kim MacCloskey & Associates, LLP, of Rockford, for appellant. Scott A. Calkins and Arthur G. Kielty, both of Reno & Zahm LLP, for appellee.

Panel

JUSTICE HUTCHINSON delivered the judgment of the court, with opinion. Justice Burke concurred in the judgment and opinion. Justice Schostok specially concurred, with opinion.

OPINION

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