AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Andrae Davis was fatally shot inside his residence. Dennis Murphy, as the personal representative of Davis's Estate, initiated a wrongful death lawsuit against the Eagle’s Nest Condominiums Association and its property management company. Additionally, individual claims for negligence and emotional distress were filed on behalf of Davis's fiancé, Lorraine Calkin, and their two sons. Later, Davis's ex-wife, through her attorney Charles Finley, intervened in the action to assert a loss of consortium claim on behalf of her and Davis's minor son, Andrae Davis II (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiffs-Appellees: Argued that the personal representative of the Estate had the sole right to select counsel for the wrongful death action and that the proceeds from the judgment should be distributed to the statutory beneficiaries after deducting costs and attorney fees (para 12).
• Plaintiff in Intervention/Appellant (Charles Finley): Contended that he was entitled to collect fees from his client’s share of the Estate’s wrongful death recovery and argued that the Wrongful Death Act mandates the distribution of the recovery's gross proceeds to the statutory beneficiaries without any deductions for costs or attorney fees (paras 5, 7).

Legal Issues

• Whether Charles Finley is entitled to collect fees from his client’s share of the Estate’s wrongful death recovery.
• Whether the Wrongful Death Act requires the distribution of the recovery's gross proceeds to the statutory beneficiaries without deductions for costs or attorney fees (para 7).

Disposition

• The district court’s denial of Charles Finley’s motion to supervise the contingency fee agreements and to collect fees from his client’s share of the Estate’s wrongful death recovery was affirmed (para 17).

Reasons

• The Court of Appeals, per Judge Julie J. Vargas, with Chief Judge Linda M. Vanzi and Judge J. Miles Hanisee concurring, held that Charles Finley was not entitled to collect fees from the Estate’s wrongful death recovery because he failed to demonstrate that he had been retained by the personal representative to represent the Estate. The court found that the personal representative has the sole authority to select counsel for the wrongful death action and to enter into an agreement regarding payment for such counsel. The court also supported the district court's finding that the term "proceeds" as used in the Wrongful Death Act refers to net proceeds, not gross proceeds, and that there was no evidence the personal representative distributed the judgment proceeds contrary to his statutory mandate. The court emphasized that statutory beneficiaries have a collective right of action through the personal representative, not separate rights, and that the personal representative's choice of counsel and the contractual agreements made with that counsel are conclusive regarding compensation. The court also noted Finley's failure to provide a complete record on appeal, particularly the absence of the contingency fee agreement with his client, which hindered the court's ability to fully address his arguments regarding the deduction of costs and attorney fees from the recovery before distribution (paras 8-16).