California, United States of America
The following excerpt is from San Bernardino Community Hospital v. Meeks, 187 Cal.App.3d 457, 231 Cal.Rptr. 673 (Cal. App. 1986):
This is so, because the analogous issue of attorney's fees may be considered "after the final disposition of the merits of an appeal." (Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 166, 188 Cal.Rptr. 104, 655 P.2d 306, emphasis added.) In Pacific, the motion for fees was filed after the remittitur had issued. The following day the remittitur was recalled and the motion was filed. As to its jurisdiction to consider the motion, the court said that "the recall of the remittitur had the effect of reinstating the court's jurisdiction over the appeal, rendering disposition of the motion appropriate." (Id., at p. 166, 188 Cal.Rptr. 104, 655 P.2d 306.)
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