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Civil Litigation,
Appellate Practice

Apr. 15, 2011

Obtaining and Challenging Appellate Cost Awards

Two state appellate court decisions disagree on when a cost award is appealable.

Alana H. Rotter

Partner, Greines, Martin, Stein & Richland LLP

Phone: (310) 859-7811

Email: arotter@gmsr.com

Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.

When the Court of Appeal issues a decision, the parties' first question, understandably, is "did I win?" But when the initial excitement dies down, there is another question to consider: Can I recover my costs?

Appellate costs can be a big ticket item. A recent published decision involved a successful appellant's $2.6 million cost bill, $950,000 of which was disputed. Given these potentially high stakes, it is worth knowing who is entitled to costs on appeal, which costs are recov...

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