First District Reverses Summary Judgment in ADA Case; Fee Award Also Reversed Because Appellant Separately Appealed It. In posts for June 6 and 7, 2008, we reviewed several decisions that denied review of fee awards because the appealing party did not bring a separate appeal. Here, we happily review a decision […]
Fourth District, Division 3 So Holds In Real Estate Nondisclosure Case. As in life, we sometimes see appellate decisions come out in cycles that teach or reinforce very important points. Appealability is an issue highlighted in our June 6, 2008 post (discussing the unpublished Johnson decision from the Second District) and in
Fourth District, Division Two Clarifies in a 2002 Decision That An Appeal From a Judgment on the Merits and on Fee Entitlement, Even Though Amount Is Determined Later, Is Timely In Nature. Yesterday, in our June 6, 2008 post, we discussed an unpublished Second District decision—Johnson v. Greenberg, Case No. B197894 (2d
Second District Does Not Rescue Appellant Who Failed to Appeal From Fee Award Order. Appealing timely is a jurisdictional matter. Because postjudgment orders awarding or denying costs/attorney’s fees are separately appealable, losing parties need to be vigilant. If you happen to be asleep at the wheel (and don’t separately appeal the fee
