Result Was Dismissal of the Appeal.
Reedy v. Bussell, Case No. D059378 (4th Dist., Div. 1 July 26, 2012) (unpublished) was a situation where a trust beneficiary appealed maintenance expenses and attorney’s fees awarded to a trustee after a lower court order found that the expenditures were for the common benefit of the ranch owners in partitioning the ranch for sale. (The expense/fee award totaled $280,236.62.)
Trust beneficiary, unhappy with the result, appealed but did so untimely. Although appealing some orders, he forgot to timely appeal the “common benefit” order which was a postjudgment order that affected an earlier judgment and was appealable because it related directly to the enforcement of a judgment. (Lakin v. Watkins Associated Industries, 6 Cal.4th 644, 654 (1993).) Beneficiary’s appeal was dismissed.