Practice Pointer: Have You Appealed Both the Final Judgment and the Fee Award?

Hinshaw & Culbertson LLP
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Very often the final judgment is issued by the trial court, which triggers the deadline for appealing the decision. In the interim, the trial court has yet to decide the fee application filed by the prevailing party. The fee award can then be issued after expiration of the deadline to appeal the final judgment. As a practitioner, if you wish to claim error in the fee award, what do you do? The answer is either appeal, separately, the fees decision, or appeal both rulings in the same Notice of Appeal. Failing to do so may result in your inability to claim error in the fee application ruling.

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