SHERRY H. v. Thomas B.

Opinion

SONENSHINE, Acting P. J.

Thomas B. challenges a jury verdict finding him to be the father of Sherry H.’s daughter, Elizabeth. In a separate appeal, Thomas contends the trial court lacked jurisdiction to award attorney fees to Sherry pending the outcome of his appeal from the paternity adjudication. Having consolidated the appeals on our own motion, we now conclude any error in the conduct of the paternity trial was harmless and the order awarding Sherry attorney fees on appeal was proper.

[1502]

I.-V.

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VI.

After Thomas filed his notice of appeal from the judgment of paternity, Sherry filed an order to show cause for attorney fees on appeal. She also served Thomas with a

notice

to produce certain financial documents at the hearing. Thomas initially objected to the production of those documents but thereafter stipulated he was able to pay any reasonable amount.

The court ordered Thomas to pay $7,500 in attorney fees.

10

It also ordered the financial documents be returned to him. Thomas complied with the fee order.

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The gist of Thomas’ argument is the court lacked jurisdiction to make

any

fee award until paternity was “finally adjudicated” on appeal. Relying on our decision in

Thomas B.

v.

Superior Court

(1985) 175 Cal.App.3d 255 [220 Cal.Rptr. 577], and viewing attorney fees as a form of permanent support, he contends there can be no final determination of support because there has been no final adjudication of paternity. As we shall explain, he is wrong.