Appellate Fees After Prior Reversal Properly Appealable Under Collateral Order Doctrine.
Defendants appealed from an assessment of $47,852.77 in appellate fees resulting from a prior appeal (involving a reversal) in Apex LLC v. Korusfood.com, Case No. G047737 (4th Dist., Div. 3 Dec. 23, 2013) (unpublished), where the appellate fees were awarded on remand. Defendants argued that they were not parties with plaintiff under credit applications with fee clauses. The fee award was affirmed on appeal, in a 3-0 decision penned by Justice Fybel.
The threshold issue was one of standing, but with a twist. Usually, an order granting or denying fees is appealable. However, here, the fees were awarded from a judgment after a reversal such that there was no judgment. The answer: the matter still was directly appealable under the collateral order doctrine, even in the absence of a published decision on this precise appealability issue.
Next, on the merits, it is clear that a nonsignatory can be faced with contractual fee exposure where it stands in the shoes of the the party to the contract. Both the pleadings and proof so showed, meaning the losing party was liable for fees.