Appellate procedure.
Recent California and federal decisions on appellate procedure, what each one holds, and what it means for a case on appeal. Written by Yisrael Gelb.
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Appellate procedure
Appeal deadline: a signed dismissal order likely started the clock, and a later judgment did not seem to reset it
Notice of appeal deadline: a signed dismissal order came before the judgment, the appeal looked late, and only discretionary writ review let the court reach it.
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Appellate procedure
Nonsuit reversed: once a claim is timely, the statute of limitations cannot cut off earlier conduct
A statute of limitations sets when suit must be filed, not what conduct counts. DeVone v. Morgan Stanley largely reverses a nonsuit built in part on that error.
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Appellate procedure
A FEHA alter ego theory raised first on appeal fails, and unchallenged findings left no fallback
A FEHA plaintiff raised a new alter ego theory on appeal and left the findings unchallenged. The Second District reached the legal issue and rejected it.
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Appellate procedure
An appeal from the judgment did not reach a later section 998 cost award, so the Court of Appeal could not review it
A notice of appeal from the judgment did not reach a later section 998 cost order, so the First District held it had no jurisdiction to review the award.
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Appellate procedure
A prevailing FEHA defendant’s unopposed $15,397.96 costs award is reversed for want of a frivolousness finding
Can a winning FEHA defendant recover costs by filing a cost memo? San Diego-Tomas says no: the court must find the suit frivolous. Here is why.
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Appellate procedure
On these facts, a mid-case contempt dismissal was not a “judgment” starting the rule 3.1702 fee-motion clock
When does the rule 3.1702 fee-motion deadline start? Arora holds, on its facts, a mid-case contempt dismissal was not a judgment. Two arguments were forfeited.
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Appellate procedure
A lien order entered after a voluntary dismissal was void, and the jurisdiction point could be raised first on appeal
Is a lien order entered after a voluntary dismissal with prejudice void? Slamer said yes, reversed a workers' comp reimbursement order, and rejected forfeiture.
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Appellate procedure
Tenth Circuit dismisses bankruptcy appeal because the notice of appeal left out the order the debtor wanted vacated
A notice of appeal reaches only what it names. The Tenth Circuit held the merger rule could not pull a separate stay-relief judgment into a bankruptcy appeal.
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Appellate procedure
Losing your only fee witness in limine can work as a nonsuit, reviewed de novo: Missakian v. Amusement Industry
A motion in limine excluding the plaintiff's only fee witness worked as a nonsuit, so the Court of Appeal reviewed it de novo and reversed.
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Appellate procedure
A reservation of jurisdiction made this temporary support order unappealable: Sterndahl v. Sterndahl
Is a temporary spousal support order appealable? Not when the court reserves jurisdiction to modify it. Sterndahl v. Sterndahl dismissed the appeal.
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Appellate procedure
Arguments left out of a summary judgment opposition are forfeited on appeal: Belletto v. Board of Trustees of the CSU
New theories raised on appeal after summary judgment were held forfeited. Belletto v. Board of Trustees of the CSU shows how the opposition limits the appeal.
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Appellate procedure
Appealing a new trial order without the trial transcript: the Fifth District affirms in Martinez v. Contreras
Appealing a new trial order for juror misconduct? Martinez v. Contreras shows how forfeited objections and a partial record left the appellant unable to win.
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