Here is a common scenario, with a rather uncommon resolution. You have appealed a judgment, and you have separately appealed the attorney fee award. You reversed the judgment. After reporting the victory to the client, you suddenly remember: what about the fee award?
That is what happened in *[Mid-Wilshire Property, L.P. v. Dr. Leevil, LLC](https://casetext.com/case/mid-wilshire-prop-v-leevil-llc?ssr=false&resultsNav=false&tab=keyword&jxs=)* (D4d3 Juul. 20, 2022 no. G059899) 2022 WL 2824967 (nonpub. opn.). The appellants reversed the judgment, but briefing had not even begun in the separate appeal of the fee award of almost $500,000.
Here is what the parties did: They filed a joint stipulated request to summarily reverse the attorney fee award. And the appellate court granted it.
But the court made a few comments about the parties’ request, noting the burden for a stipulated reversal under section 128(a) ordinarily is very difficult to meet.
Here, that was not really important, because the parties are correct that reversal of the fee order was inevitable after the judgment was reversed.
Tip: If you have appealed a cost award and it is not consolidated with your main appeal, you might draw the court’s attention to it in your briefing. If the court reverses, hopefully the court will also dispose of the cost appeal at the same time.