Sixth District Finds Challenge to Superseded Ruling is Moot.
The next case is an illustration of the principle that prevailing party status usually cannot be determined “until the dust has finally settled.”
In Campagna v. Gatley Properties, Case No. H034112 (6th Dist. Jan. 21, 2010) (unpublished), after two prior appeals, the appellate court remanded the matter to the superior court for certain recalculations of rent and prejudgment interest. However, before that most recent remand, appellant moved for attorney’s fees as the prevailing party based on the judgment that was most recently remanded. Even though the trial court denied them based on finding that no side prevailed, appellant appealed the fee denial.
On review, the appellate panel dismissed the appeal as moot. Because there was no final, final resolution of remaining issues after the remand, the prior fee award was a nullity because it was based on a superseded ruling in light of the second appellate decision. Prevailing party status would have to wait upon final rulings on remand.