What is the test for a motion to dismiss an appeal from an order denying an attorney's fees?

California, United States of America


The following excerpt is from Life v. County of Los Angeles, 218 Cal.App.3d 1287, 267 Cal.Rptr. 557 (Cal. App. 1990):

Tushinsky relied, inter alia, on Telander v. Telander (1943) 60 Cal.App.2d 207, 209, 140 P.2d 204, wherein a husband moved to dismiss an appeal taken by his wife's attorney from an order denying her attorney's motion for attorney's fees. The wife had retained the attorney to represent her in an action for separate maintenance. After the husband and wife reconciled, the wife requested her attorney to dismiss her action. The attorney refused to do so, contending he was entitled to additional fees for services allegedly rendered. The wife then engaged the services of another attorney and served upon her first attorney a notice of motion to substitute. The discharged attorney then moved for an order directing the husband to pay him additional compensation. The trial court granted the wife's motion to substitute and denied the attorney's request for additional fees. (Id., at pp. 208-209, 140 P.2d 204.) The attorney appealed.

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