Legal Opinion
MST Farms v. C. G. 1464
California Court of Appeal
Decided August 31, 1988No. F009639PublishedCited by 17 opinions
1Opinion of the Court
Opinion
BEST, J.
The sole issue on this second appeal in this action is whether a trial court has jurisdiction to award attorney fees to a prevailing party on appeal, as costs pursuant to Civil Code 1 section 1717, notwithstanding the absence of explicit direction to do so from the appellate court either in its opinion or in its remittitur.
In the first appeal to this court, in case No. F005857, MST Farms et al. (plaintiffs) appealed from a judgment in favor of C. G. 1464 et al. (defendants). In an unpublished opinion affirming the judgment below, this court ordered, “Defendants are awarded…
2Cases cited7 opinions
- T.E.D. Bearing Co. v. Walter E. Heller & Co.California Court of Appeal · 1974
- People v. DoughertyCalifornia Court of Appeal · 1982
- American City Bank v. ZetlenCalifornia Court of Appeal · 1969
- Painter v. Estate of PainterCalifornia Supreme Court · 1889
- Roberts v. BrianCalifornia Court of Appeal · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Suk Yong Kim v. Sumitomo BankCalifornia Court of Appeal · 1993
- Westside Center Associates v. Safeway Stores 23, Inc.California Court of Appeal · 1996
- Mills v. Forestex Co.California Court of Appeal · 2003
- Lagatree v. Luce, Forward, Hamilton & Scripps LLPCalifornia Court of Appeal · 1999
- Reveles v. Toyota by the BayCalifornia Court of Appeal · 1997
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