Appealability:  Court Of Appeal Could Not Entertain $1,081,500 Fee Award Challenge Because Appellant Did Not File Appeal From Subsequent Fee Order

Appellant Did Not Check A Couple Of Additional Boxes On Judicial Council Notice Of Appeal Form.

            Although the Judicial Council has a simple and excellent Notice of Appeal form, take care how you fill it out.  The next case, USA National Title Co., Inc. v. Cayton, Case No. G051810 (4^th Dist., Div. 3 Jan. 23, 2018) (unpublished), is textbook in demonstrating the care which must be taken.

            Appellant suffered an adverse fee award of $1,081,500.  However, appellant used a Judicial Council Notice of Appeal form, checking only boxes relating to appeal of a new trial/JNOV denials.  Appellant did not check the boxes for an appeal from the judgment or an order after judgment.

            Fatal on appeal.  Given that the fee award here was after a noticed fee motion, the fee order was a separately appealable order such that the boxes checked on the Notice of Appeal did not confer jurisdiction on the appellate court to review any merits of the fee challenge.   (Nellie Gail Ranch Owners Assn. v. McMullin, 4 Cal.App.5^th 982, 1007-1010 (2016) [discussed in our October 3 and 30, 2016 posts].)

            Justice Aronson authored the opinion for the 4/3 DCA.