Gilmaker

Introduction

Plaintiff and cross-appellant M.C. & D. Capital Corporation (M.C.D.) filed an action against defendants and appellants Joseph L. Gilmaker and Edwina D. Gilmaker (collectively referred to as the Gilmakers) for specific performance of an agreement for the sale of real property. Judgment in favor of the Gilmakers was affirmed by the Court of Appeal, Second Appellate District, Division Three, in an unpublished opinion filed on July 10, 1986, No. B009319. The present appeal and cross-appeal are from the trial court’s postjudgment order regarding plaintiff’s motion to strike or tax costs in the trial court and on appeal. The Gilmakers appeal that portion of the order which disallowed costs and attorney’s fees on appeal. M.C.D. cross-appeals on that portion of the order which allowed costs and attorney’s fees in the trial court. We affirm in part and reverse in part, remanding to the trial court for further proceedings.

Factual and Procedural Background

The action for specific performance of the real estate sales agreement between M.C.D. and the Gilmakers was filed in May 1980. The sales agreement contained the following provision: “In any action or proceeding…