What You Need to Know about Fee-and-Costs Awards on Appeal

The issue that most often drags appeals back into more litigation is attorney fee and costs. What happens when, while focusing on the appeal, the prevailing party gets a substantial award of fees and costs?

• Do you have to separately appeal from the fees and costs award? (Yes…usually.)
• How can you stay enforcement of the fees and costs award? (Fee & cost awards are stayed automatically…sometimes.)
• If you win the underlying appeal, what happens to the fees and costs award? (It goes away automatically…in theory.)

We discuss these questions and more in this nuts-and-bolts episode of the California Appellate Law Podcast.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Use this link to get a 25% lifetime discount on Casetext.

Other items discussed in the episode:

• No, Minute Orders Do Not Have to Be Signed to Be Appealable
• Amendments to Judgment During Appeal Reversed for Violating Appellate Stay
• SLAPP Fee Awards Are Automatically Stayed on Appeal: My Article in Cal. Litigation
• Striking Back Against Anti-SLAPPs: Three Tips for Opposing Anti-SLAPPs
• What happens to a fee award after the judgment is reversed? Try a stipulated reversal.
• Conservatorship of McQueen (2014) 59 Cal.4th 602
• Travis v. Brand (Jan. 30, 2023, S268480)
• LA Superior Court offers incentives for court reporters
• Second District to close courtroom for upgrades
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.