Scott Herman and Craig Cooper v. Gary Ewers, Gerri McGighan-Lukens, and Oxylife Respiratory Services, LLC
The Fourth DCA affirmed, holding that the plaintiffs' challenge to a March 27, 2024 order denying bad-faith attorney's fees was not properly before the court because it was time-barred. Once the April 5, 2024 final judgment was entered, the interlocutory fee-denial order merged into the judgment and triggered the 30-day appeal window; the plaintiffs failed to raise it in their consolidated appeal of the final judgment and could not revive it through later post-judgment motions.
Key facts
- After seven years of litigation in a breach-of-contract and letter-of-intent action, plaintiffs prevailed in a jury trial against the defendants.
- On February 19, 2024, plaintiffs moved for attorney's fees alleging the defendants acted in bad faith in pursuing their counterclaim; the trial court denied that motion on March 27, 2024.
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Holdings
- A pre-judgment denial of a claim for attorney's fees is generally not appealable because judicial labor remains, but interlocutory orders merge into the final judgment, and entry of the…
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Why it matters
This decision is a practical reminder for civil and commercial litigators about preserving fee rulings for appellate review. A pre-judgment denial of attorney's fees merges into the final judgment, and counsel must… — full analysis with a trial
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