Appellate Practice
Mar. 6, 2003
'Macomber' Highlights Danger In Appealing Fee, Cost Awards
Focus Column Appellate Law By Kathy M. Banke and Benjamin G. Shatz Isn't appealing from the judgment sufficient to challenge a fee or cost award made pursuant to that judgment? Sometimes, but frequently not.
1st Appellate District, Division 1
Kathleen M. Banke
Associate Justice California Court of Appeal
Benjamin G. Shatz
Partner Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Isn't appealing from the judgment sufficient to challenge a fee or cost award made pursuant to that judgment? Sometimes, but frequently not.
Like other notice-of-appeal issues, there are plenty of traps for the unwary who appeal fee and cost awards. When and how to appeal depends on a number of factors, including how and when the fee and cost award is made and which party is appealing.
• Judgment awards specific amount of fees and costs.
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