California Appellate Tracker

In re Westwood Plaza North (Erde v. Bodnar)

April 22, 2018

Different deadlines apply to seeking double costs and attorney fees for a frivolous appeal under Fed. R. App. P. 38; a bill of costs must be filed within 14 days after the opinion is filed, but attorney fees may be sought within 14 days after the time for seeking rehearing expires.

A motion for attorney fees as sanctions for a frivolous appeal under Fed. R. App. P. 38 must be filed within the time prescribed by 9th Cir. Rule 39-1.6—that is, within 14 days after the time for filing a rehearing petition has expired or, if one is filed, within 14 days after its denial. However, to the extent a party seeks double costs under Rule 38, it must file a bill of costs on an appeal within 14 days after entry of the appellate opinion, and the motion for double costs within the Rule 39-1.6 time.

Ninth Circuit Court of Appeals (per curiam); April 9, 2018; 2018 WL 1703455

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In re Westwood Plaza North (Erde v. Bodnar)

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