Appeal Did Not Stay Anything, And Cross-Complaint Did Not Matter.
In Mother Lode Bank v. Sloan, Case No. F068840 (5th Dist. July 28, 2015) (unpublished), borrower defaulted on bank loans after 7 extensions over a two- year period. Bank won a summary judgment on its judicial foreclosure complaint, being awarded some attorney’s fees based on note/deed of trust fee clauses. Close to the time an appeal was filed by borrower, bank moved for and received an additional $94,462.89 in fees incurred in the litigation. Borrower argued that the trial court lacked the ability to award additional fees while the appeal was pending and given the fact that his cross-complaint was still pending for adjudication. The Fifth District affirmed, determining that bank did prevail on the complaint and that was enough to authorize the supplemental fee award even though the cross-complaint was still around.