Finality Of Judgment When Attorney’s Fees Not Yet Determined, by Raymond Ward, Louisiana Civil Appeals
Mr. Ward raises an interesting point. An appeal cannot be filed until the court issues a final, appealable order. In many jurisdictions, the trial court’s journal entry or judgment on the merits of the all the causes of action in a case is indeed a final, appealable order, even when the court has not yet ruled on an attorney fee and cost award.
Sometimes attorneys wait to file an appeal until the attorney fee award is decided, which may be past the tolling of the 30-day deadline to file the appeal on the merits. Mr. Ward explains how to resolve this issue. -CCE