Appellate Practice
Jan. 26, 2011
There Is No Silver Lining to an Untimely Appeal from a Post-Judgment Attorney Fee Award
What to know when appealing an attorney fee award. By James C. Martin and David J. de Jesus of Reed Smith.
James C. Martin
Partner
Reed Smith LLP
Phone: (213) 457-8002
Email: jcmartin@reedsmith.com
James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
David J. de Jesus
Counsel
Reed Smith LLP
101 2nd St Ste 1800
San Francisco , CA 94105
Phone: (415) 543-8700
Fax: (415) 391-8269
Email: ddejesus@reedsmith.com
Loyola Law School; Los Angeles CA
David is in the firm's Appellate Group, resident in San Francisco office. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
Judgments routinely contain some form of a provision awarding the prevailing party its costs, its attorney fees, or both, and leaving a blank for the amount to be filled in later. Attorneys often include these kinds of provisions even though the party's entitlement to costs or attorney fees remains to be adjudicated. Counsel might assume that a notice of appeal from a judgment containing this provision necessarily woul...
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