Said It Before, Will Say It Again … Separately Appeal, Separately Appeal.
Acting Presiding Justice Rylaarsdam, on behalf of a 3-0 panel, in Nellie Gail Ranch Owners Assn. v. Colombo, Case No G047064 (4th Dist., Div. 3 Dec. 3, 2013) (unpublished), reinforced a message we have said a lot during our blog–separately appeal fee awards, because it cannot hurt even if you have an argument to the contrary.
In this one (which unfortunately involved a long-standing feud between a homeowner and a homeowner association [HOA]), there was a fuss about some fee requests during this protracted litigation. However, homeowner failed to timely appeal certain fee awards–yes, even under the longer 180 day period–a couple of postjudgment fee awards adverse to homeowner. This was fatal to a consideration of the merits. (Taper v. City of Long Beach, 129 Cal.App.3d 590, 606-607 (1982).)