Failure To Mention Subsequent Costs Award In Notice To Appeal Was Fatal.
For appellate practitioners, it is clear that notices to appeal are liberally construed. But that only goes so far, as Yashouafar v. Van Nuys Plywood, LLC, Case No. B266901 (2d Dist., Div. 5 Feb. 15, 2017) (unpublished), demonstrates.
In this one, appellants challenged a postjudgment order awarding expert witness fees as costs. So far, so good. But the problem was that appellants’ notice of appeal only expressly mentioned an earlier postjudgment order awarding attorney’s fees.
That did not get the job done. The appellate court lacked jurisdiction to consider the challenges to the costs order given that the notice of appeal only specifically mentioned the fee order based on a distinct motion. Appeal dismissed.