CALIFORNIA FAMILY LAW
...Attorney Fees
......Actions-Types of
.........Appeal
............Permitted
14 Cards On This Topic:
  • Where H prevailed on appeal and W represented by attorney husband at no cost, Court allowed H appellate costs and strongly suggested he file for appellate attorney fees.
  • Failure to award W adequate fees on appeal would deny her access to legal representation necessary to preserve all of her rights.
  • Court of Appeal need not remand issue to trial ct. in order for an award of fees on appeal to be made; having ability to pay fees doesn't preclude award.
  • Attorney fees to defend the appeal of an order for attorney fees justified under the same rationale as original award.
  • Trial ct. may augment fee awards throughout case, including after appeal concluded; Court of Appeal not required to specifically remand for fees, trial ct. has inherent power to grant.
  • Fees granted on meritless appeal. All criteria met; H's appeal meritless.
  • Fees may be awarded on remand even where party unsuccessful in appeal.
  • Order for support and attorney fees while matter appealed is proper.
  • Court should award attorney fees on appeal, especially where one spouse is pro per lawyer.
  • Award of fees on appeal to supported spouse who had assets of over $120,000 affirmed.
  • Court may award supported spouse fees to defend against appeal.
  • W entitled to award of fees for unsuccessful appeal.
  • Denial of fees to supported spouse who has no funds is equivalent of denying him/her right to appeal.
  • Cases approving awards of attorney fees on appeal.