Can a court award attorney fees to the father of a deceased child who lost his child during the pendency of an appeal?

California, United States of America


The following excerpt is from Noergaard v. Noergaard, c/w G057363, c/w G058095, G057332 (Cal. App. 2020):

prevailing party. Tragically, the child died during the pendency of the appeal, and the federal appeals court dismissed the appeal as moot. On remand, the district court dismissed the order denying mother's Hague petition, but concluded father was still the prevailing party and entitled to the award of costs. Mother appealed and the appellate court affirmed, holding that although the case was mooted by tragic happenstance, father was entitled to an award of costs as the prevailing party. (Id. at pp. 720-721, citing Bishop v. Committee on Professional Ethics and Conduct of Iowa State Bar Ass'n (8th Cir. 1982) 686 F.2d 1278, 1290 [dismissal on appeal of underlying claim on mootness grounds does not preclude award of attorney fees].)

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