The Costs Order Under Review Was Not Final.
This post likely will be of interest to appellate attorneys on appealability issues, but it may guide trial level litigation counsel on what type of routine costs orders will be considered as appealable.
In Viani v. Fair Oaks Estates, Inc., Case No. C102857 (3d Dist. Jan. 28, 2026) (published), plaintiffs previously appealed a summary adjudication after they voluntarily dismissed the entire action with prejudice. They appealed that one, and it was determined that the dismissal was not an appealable judgment. Plaintiffs made a motion to set aside their voluntarily dismissal, which was denied at the trial court level. They appealed that one, too, but that denial was determined to be a non-appealable order. The third time, plaintiffs were assessed with a routine costs judgment partially granting and partially striking certain costs. Plaintiffs argued that this was a final judgment, allowing them to challenge the prior interim rulings.
The Third District basically said “enough is enough.” Under these circumstances, a costs order cannot revive and effectuate a “back door” review of prior rulings which were held to be nonreviewable. However, the panel did make clear that if the costs judgment had been entered following an appealable final judgment, it would be a separately appealable order which could be reviewed.