Appealability, POOF!: Reversal Of Merits Judgment For $390,184 In Damages Also Meant That A $365,065 Prevailing Parties’ Fees Award Went POOF!

No Separate Appeal Of The Fees Award Was Necessary To Extinguish The Fees Award—Although Prudent Appellate Practitioners Usually Appeal Separately To Be Cautious.

            In Medical Benefits Administration, Inc. v. Nivano Physicians, Case No. C093214 (3d Dist. Apr. 1, 2022) (unpublished), prevailing parties were awarded $365,065 in attorney’s fees after winning $390,184 in damages.   However, defendant in a prior appeal turned the merits judgment totally around, with the appellate court determining that agreements underlying that judgment were illegal and unenforceable.  So, given that prior result, the fees award went POOF!  also.  The Third District reminded appellate practitioners that it is not necessary to appeal the postjudgment fee award to get the fee award to go POOF! (Center for Biological Diversity v. County of San Bernardino, 188 Cal.App.4^th 603, 613 n. 4 (2010)), but many appellate practitioners separately appeal the award just to be safe.