Costs, Judgment Enforcement: Appellate Dispositional Reversal “In All Other Respects” Meant What It Said—A Reversal Of Prior Costs Award To Real Parties Also

 

Petition for Rehearing Was Correct Clarification Vehicle, But Filed Too Late.

     The Fourth District, Division 3, in an opinion following rehearing, came to the same result in Ducoing Management, Inc. v. Superior Court, Case No. G050457 (4^th Dist., Div. 3 Feb. 10, 2015) (published), a writ proceeding which involved Presiding Justice O’Leary, Justice Fybel, and Justice Thompson. (See our September 21, 2014 post on the prior issued opinion before issuance of the recent one.)

     Basically, the appellate court in a Palma writ issuance stated that its reversal of a nonsuit judgment “in all other respects” also served to reverse an unapportioned costs award in real parties’ favor.

     Although real parties correctly utilized a petition for rehearing to clarify appellate dispositional language, the petition was filed way too late—almost a year later rather than 15 days from the date of the prior issued decision. So, the prior opinion was law of the case.

     Here is a colorful passage from this opinion--“We reiterate the obvious: the phrase ‘the judgment is reversed in all other respects’ means what it says. Had we meant otherwise, we would have expressly so stated in the disposition. We do not ‘hide elephants in mouseholes.’ (Whitman v. American Trucking Associations, Inc. (2001) 531 U.S. 457, 468.)”

 

Carol M. Highsmith, photographer.  2014.  Library of Congress.

NOTE:  Our September 21, 2014 post referenced above includes a different elephant photograph.