Fourth District, Division 3 Affirmance Based on Lack of Record on Challenges.
Justice Ikola, in a 3-0 panel decision in Aziz v. Mason-Arnold, Case No. G042470 (4th Dist., Div. 3 Nov. 29, 2010) (unpublished), affirmed a $2,600 attorney’s fees award and costs to defendant in a post-judgment harassment TRO dispute. Plaintiff challenged the post-judgment fee award.
Affirmed, based on presentation of an inadequate record.
The problem here was that plaintiff did not present any record to challenge the fee award. “Plaintiff leaves us in the dark.” Although having some real questions about the bases for the post-judgment fee award, the appellate court only had the fee award, with nothing showing that it was wrong. Because nothing overcame the correctness of the fee award below, you readers can predict the result–judgment affirmed.