Court Has No Jurisdiction Over a Fee Claim Appeal When the Appellant Jumps the Gun

Appellant Files a Notice of Appeal Prior to the Relevant Court Order

In Silver v. Pacific American Fish Co. Inc., 2010 DJDAR 17978 (2010), the Second District California Court of Appeal decided a unique procedural issue in the context of a fee petition.

Michael Silver (“Silver”) filed a cross-complaint against Pacific American Fish Co. Inc. after being sued by Pacific American (“Pacific”). The trial court rejected the validity of Silver’s cross-complaint and ruled in Pacific’s favor. Pacific then filed a motion for its reasonable attorney fees.

Prior to the hearing on the motion to recover fees, Silver filed a notice of appeal, which specified that he was appealing the trial court’s order granting Pacific’s motion for attorney fees. However, the trial court had not yet ruled on the motion. Despite Silver’s filing, the trial court heard and granted Pacific’s motion for attorney fees. Silver appealed the order.