Grant v. List & Lathrop

Opinion

THAXTER, J.

Introduction

Judgment below was entered following a 73-day court trial of multiple consolidated, related cross-actions. Litigation arose from an aborted buy/sell agreement negotiated between appellants Allen R. Grant (Grant), Carolyn M. Grant and Grant Construction Company, Inc. (the buyers) and respondent James C. Brooks (the seller) for the purchase of Best Chevrolet, Inc. doing business as Eagle Chevrolet, a Modesto, California automobile dealership.

The judgment was adverse to the buyers on all major legal and equitable issues, except that the court allowed a downward adjustment of the purchase price. In the published portion of this opinion we hold that the timely notice of appeal from the judgment subsumed a subsequent order fixing the amount of attorneys fees awarded in the judgment. In the unpublished portions we reject all of appellants’ attacks on the judgment. We affirm with directions to determine the respondents’ reasonable attorneys fees on appeal.

Statement of Case - Discussion I.-VH.

*

[996]

VIII. Attorney Fees

A.

Failure to Appeal Postjudgment Order Fixing Amount of Fee Award

Judgment in favor of respondents was entered on August 26, 1988, after a four-month court trial. Costs were awarded to all respondents. Attorney fees pursuant to Civil Code section 1717 were awarded to Brooks, CPC/Speer, Bank of America, and Delta.

6

The amounts of the various awards were left blank by the trial judge, presumably for later insertion by the clerk. On September 6, 1988, appellants filed their notice of appeal challenging the judgment. Thereafter, respondents filed their respective memoranda of costs, including the requests for fees. Appellants filed a motion to tax costs. On December 29, 1988, after hearing, the trial court rendered its order setting the amount of fees awarded. The trial court disallowed some fees sought by Brooks and CPC/Speer but otherwise found the amount of fees claimed by the parties was reasonable in light of the complexity of the litigation, the length of trial, the competency of the attorneys, and the billings submitted. Notice of entry of the order re motion to tax costs was filed on March 13,1989. No separate appeal from this order was filed.