Motion For Appellate Fees And Costs Was Timely Filed After Skipping Labor Day Holiday.
In a case which has spawned third and fourth appeals, the Second District, Division 7 likely reached the end of a litigation saga in Kenne v. Stennis, Case Nos. B259635/B262175 (2d Dist., Div. 7 Dec. 27, 2017) (unpublished).
The trial judge awarded a litigant appellate fees and costs for winning a prior appeal. The adverse party appealed, but to no avail. The primary procedural argument was that the motion for appellate fees and costs was untimely, given it had to be filed 40 days after remittitur issuance under California Rules of Court, rule 8.278(c)(1). The motion indeed was filed 41 days later, but it was still timely because the fortieth day was on Labor Day—a holiday such that the filing period was extended until the next court day under CCP § 12a.
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