Appellants Had Only Contested Amount of Fees Below, Not Raising Problems With Fee Entitlement. Here is one from the Third District that serves to underscore a crucial lesson for both trial and appellate practitioners: raise challenges at the lower court level or risk having them declared waived at the appellate level. That happened […]
Notice of Appeal of Merits Motion Denial Did Not Give Appellate Court Jurisdiction to Rule on Later Fee Ruling. One nice thing about our blog is that the appellate courts have to decide disputes all the time and, in doing so, reinforce lessons that we have discussed as arising from prior posted cases. One
Second District, Division 5 Rules on Applicability of Grant v. List & Lathrop. In Silver v. Pacific American Fish Co., Inc., Case No. B214450 (2d Dist., Div. 5 Nov. 30, 2010) (certified for partial publication, on the fee issue), the appellate court confronted whether a cross-complainant correctly appealed a postjudgment order awarding fees to
Second District, Division 4 Nixes Appellant’s Reliance on Parsed Language from Butler-Rupp. In Sherwyn v. Nathaniel, Case No. B215666 (2d Dist., Div. 4 Sept. 1, 2010) (unpublished), defendant defensed plaintiff attorney in a jury trial involving attorney’s effort to collect unpaid fees that were claimed to be owed for a prior divorce representation
Second District, Div. 4, Explains that Interlocutory Judgment Determing Interests of the Parties and Ordering Partition is Appealable – But Interlocutory Order Finding a Party Prevailed and Incurred Costs and Attorney’s Fees for the Common Benfit of the Parties is Not Appealable. In Alaeddin Enayati v. Hessamedin Enayati, B213264 (2nd Dist., Div. 4 July
One Supplemental Fee Order Is Summarily Reversed on Appeal; Another is Dismissed as Moot. Here is a post that only appellate practitioners can love. However, we examine all decisions across the board (and do argue on appeal ourselves, on occasion). So, here you go. Plaintiff appealed a fee award awarding bank more fees
Mere Disagreement With Prior Appellate Opinion Does Not Impact Law of the Case Doctrine. In Tennen v. Finstad, Case No. B217765 (2d Dist., Div. 2 Feb. 10, 2010) (unpublished), losing litigants on an order denying an attorney’s fees motion brought a prior successful appeal in which the Court of Appeal reversed an order
Second District, Division 6 Finds Lack of Record to Show Fees Were Excessive. Without sounding preachy, seriously, folks, if you are going to appeal, give the appellate court some authority and an adequate record. If not, you will be in the stance of the losing litigant in the next case we look at—having little
Fourth District, Division 1 Reminds Us All of An Important Lesson in the Appellate Arena. The Fourth District, Division 1, provided us all with an important reminder of timely appealing judgments in order to preserve appellate jurisdiction. In Gravelle v. Aquadek, Case No. D054215 (4th Dist., Div. 1 Nov. 17, 2009) (unpublished), defendant
Sixth District Provides a Good Lesson in Properly Timing Appeal of Discovery Sanctions Under $5,000. This next unpublished case, in a 3-0 unpublished decision from the Sixth District, is a good reminder on when the appeal of smaller discovery sanctions orders—under $5,000—is properly made. In Stough v. Klure, Case No. H034000 (6th
