Is a defendant entitled to a post-judgment motion for attorney's fees if he is denied a timely appeal?

California, United States of America

The following excerpt is from Fundamental Investment etc. Realty Fund v. Gradow, 28 Cal.App.4th 966, 33 Cal.Rptr.2d 812 (Cal. App. 1994):

Defendant's argument has merit. This very situation was discussed in Commercial & Farmers Nat. Bank v. Edwards, supra, 91 Cal.App.3d 699, 154 Cal.Rptr. 345. In that case the defendant made a post-judgment motion for attorney's fees. This motion was denied. The defendant filed a timely notice of appeal to challenge the denial of his motion for fees. Sixty-seven days after the notice of entry of judgment was served, plaintiffs filed a notice of appeal from the underlying judgment.

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