Appealability, Interpleader: Losing Defendants’ Appeal Of Adverse Discharge Order After Fee Recovery Was Timely For Purposes Of Preserving Discharge Review From The Later Fee Order

However, Defendants Still Lost.

            The facts are not really relevant for purposes of our post in Ponticelli v. Ason, Case No. B277763 (2d Dist., Div. 1 July 30, 2018) (unpublished) because the prime issue was whether defendants in an interpleader action timely filed an appeal on the merits of the discharge by appealing the later order awarding attorney’s fees and costs based on the earlier discharge. The appellate court answered, “yes”--the discharge order was appealable from the later fee recovery order, but still decided against the defense on the merits. In doing so, it agreed with Sweeney v. McClaran, 58 Cal.App.3d 824, 828 (1976) that a final judgment, including the discharge, only applies when there is an order of discharge and an order for payment of attorney’s fees for finality appeal purposes.