First Appellate District, Division Three, Holds Trial Court’s Decision to Award Attorney Fees Following a Judgment Does Not Render the Appeal From Such a Judgment Futile City of Novato v. MCCE Development, LLC, et al. Case Nos. A127298 & A128928 (1st Dist., Div. 3 3/30/11) (unpublished), consolidates two cases on appeal, in a dispute […]
Stay Tuned if You Want to Know the Answer. So, you have been served with a notice of entry of judgment in which no new trial motion or JNOV motion is filed (after having prevailed) by either the clerk or another party, what is the time for filing a motion for attorney’s fees (which
Failure to File Timely Supplemental Notice of Appeal from Fee Order Was Fatal. Here is an ouch! It reinforces a lesson that we have reminded our readers out there to observe time and time again: whether at the state or federal level, separately appeal any adverse attorney’s fees orders. It cannot hurt and
Trial Court’s Significant Reductions in Requested Fees Obviated Need to Apportion With Mathematical Precision. The next case illustrates a result we see often in appellate decisions when apportionment of fees is necessary as between compensable and noncompensable claims: a lower court’s reduction of fee requests obviates the need to perform a CPA-like audit of
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 In Sherwyn v. Nathaniel, Case No. B215666 (2d Dist., Div. 4 Sept. 1, 2010) (unpublished), defendant defensed plaintiff attorney in a jury trial involving attorney’s effort to collect unpaid fees that were claimed to be owed for a prior divorce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
