Deadlines/Prevailing Party On Appeal: More Specific Pre-Final Judgment Time Deadlines Prevail Over 40-Day Remittitur Rule
Horak v. South Shores Development Corp., Case No. B238973 (2d Dist., Div. 2 Apr. 2, 2013) (unpublished) is a second-time appellate scrutiny for one plaintiff who obtained a partial appellate reversal in a mobilehome tenancy dispute. Eventually, she lost and was hit with $85,000 in attorney’s fees in favor of the winning defendant, a prevailing party determination affirmed under Civil Code section 1717 and the Mobilehome Residency Law (MRL) fee shifting provision.
Motoring tourists. Arcadia, Florida. 1932. Library of Congress.
However, plaintiff did obtain an award of appellate fees and costs of $43,534.29 against defendant, prompting a cross-appeal. Defendant’s main argument was that the 40-day post-remittitur filing deadline applied, but the appellate court said no–there is even a more specific deadline, the one in CRC 3.1702(b)(1) geared to more lengthy appeal periods for a final judgment which was reached later (and was the one where plaintiff got hit with $85,000 in fees). Everything affirmed in this one.
