Appealability: Failure To Separately Appeal Attorney’s Fees Order Was Fatal To Appellate Review

 

      The Second District, Division 1, in Huang v. Ko, Case No. B228092 (2d Dist., Div. 1 Sept. 27, 2012) (unpublished), found it could not review an adverse $34,069.33 fee award to a real property seller for one simple reason: the aggrieved party failed to separately appeal the attorney’s fees order, a fatal error that deprived the appellate court of jurisdiction to even review the challenged fee denial. (Allen v. Smith, 94 Cal.App.4th 1270, 1284 (2002), rejected on other grounds in San Diego Watercrafts, Inc. v. Wells Fargo Bank, 102 Cal.App.4th 308, 315 (2002).)

Scroll to Top