Family Law No Different, Appellate Court Rules in Freeman.
We ask family law practitioners to comment on this post, if they are so willing.
The issue is what time deadline governs a subsequent motion to obtain post-appeal fees for sustaining a family law fee “sanctions” award under Family Code section 271 for the winning litigant. We believe Marriage of Freeman, 132 Cal.App.4th 1 (2005) suggests that the same California Rules of Court deadlines applicable to civil fee petitions also govern post-appeal fee recovery requests in family court. (In that situation, it would be the 40-day deadline running from the date of issuance of a remittitur by the appellate court.)
Family law practitioners, feel free to chime in to see if we are correct.