Duncan v. Duncan

NEWBY, Justice.

Today we clarify the effect of an unresolved request for attorney’s fees on an appeal from an order that otherwise fully determines the action. Once the trial court enters an order that decides all substantive claims, the right to appeal commences. Failure to appeal from that order forfeits the right. Because attorney’s fees and costs are collateral to a final judgment on the merits, an unresolved request for attorney’s fees and costs does not render interlocutory an appeal from the trial court’s order. Accordingly, we reverse the decision of the Court of Appeals.

After filing…