Appealability: Lack Of A Final Judgment Dismissing Action Meant Subsequent Fee Ruling Nonappealable

 

Appeal Dismissed Because No Postjudgment Order Involved.

     As Justice Ikola recognized in Martin v. My Car Agent, Case No. G048985 (4th Dist., Div. 3 Apr. 24, 2014) (unpublished), order appealability is a jurisdictional concern of the first instance for a reviewing court—black or white, not shades of grey. In this one, the appeal of an order granting plaintiff fees (awarding $32,581 rather than the requested $262,000 by plaintiff) was dismissed. The reason was simple: there was no earlier judgment dismissing the action, which means the fee ruling was not a post-judgment order which was appealable in nature.

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