Equity: Appellate Court Agrees To Stipulated Reversal Of Postjudgment Fee Award Given Merits Reversal

However, It Does Raise The Issue Of Whether Stipulated Reversals Specifically Apply To Postjudgment Fee Orders.

            This next post is likely of interest to appellate practitioners, because sometimes appellate issues are very technical if not arcane in nature. 

            In Mid-Wilshire Property, L.P. v. Dr. Leevil, LLC, Case No. G059899 (4^th Dist., Div. 3 July 20, 2022) (unpublished), a merits judgment against plaintiffs was reversed.  That left plaintiffs’ appeal of an adverse $476,353.55 in attorney’s fees to the former prevailing party.  The parties stipulated to a summary reversal of the postjudgment attorney’s fees award based on the merits reversal.

            The appellate court granted it, but only after drawing attention to an interesting postjudmgent, appellate issue.  Specifically, stipulated reversals under Code of Civil Procedure section 128(a)(8) only relate to judgments, not to other appealable orders such as a postjudgment orders awarding attorney’s fees.  However, given that the reversal of the fee order was inevitable based on the merits judgment reversal, there was no reason to not grant the stipulated reversal request—even if it was unclear whether the presumption against stipulated reversals applies to a postjudgment fee order.