Probate Code Section 1304 Makes These Orders Immediately Appealable, Not Interlocutory Orders Appealable From A Final Judgment.
For probate practitioners, Gonzalez v. Thomas, Case No. B250492 (2d Dist., Div. 8 June 5, 2015) (unpublished) is a good refresher course on appeal deadlines for Probate Code cases involving the “fixing” of attorney fee compensation. Probate Code sections 1300 and 1304 govern probate appeals, making certain orders—including fixing, authorizing, allowing, or directing payment of attorney compensation or expenses—immediately appealable. (Leader v. Cords, 182 Cal.App.4th 1588, 1594-1959 (2010).) Because the litigant proceeded under the assumption that the orders were interlocutory and could be appealed from a final judgment later, this assumption backfired and was wrong given the specific directives of sections 1300/1304 to the contrary. The failure to appeal the attorney compensation orders in quicker fashion was dispositive in a negative fashion.
BLOG OBSERVATION—In this area, why not appeal anyway; the worst that could happen is the appellate court says it is premature and has to await another day.