Wednesday, June 13, 2018

Appellate cases of note


Dismissals here, dismissals there, dismissals everywhere!
    Image result for appeal dismissed
  • 4/1 dismisses an appeal here because the appellant had not become a party to the action by intervening or filing a motion to vacate the judgment (per Hernandez v. Restoration Hardware (2018) 4 Cal.5th 260.)
  • 2/5 dismisses an appeal here because the proper avenue for appellate review was not appeal but a writ of supersedeas.
  • The 9th Circuit dismisses an appeal here because the matters purportedly to be appealed were not included in the notice of appeal. Furthermore, a premature filing of a post-judgment motion did not extend the otherwise applicable appeal period.
Show me the money!
  • 4/1 affirms an attorneys' fees award to an appellant for 360 hours at $450/hour for the appeal, awarding $161,775, here.
[6/15 update: For an interest not-moot appeal, see here.]