In Re Marriage of Freeman

Following her unsuccessful appeal, the trial court imposed an attorney fee sanction against Norda R. Freeman in this long-running family law litigation. The order was made on a Family Code section 271 motion of her husband, Donald A. Freeman. Norda challenges the fee award in this appeal. Among other arguments presented is her claim that Donald failed to satisfy the requirement of California Rules of Court, rule 870.2(c), that an application for postjudgment attorney fees incurred on an appeal be filed within the time limitation of that rule. We agree and, since the issue is dispositive, it is necessary to reverse the trial court’s order. We do not reach the other issues Norda raises in the appeal.

FACTUAL AND PROCEDURAL SUMMARY

This appeal is one of several generated in this proceeding, which appears to be unusually litigious even for its genre. The litigation began with Norda’s petition for dissolution and related relief, filed in 1995. In the course of that proceeding, the marital property was divided and Donald was ordered to make an equalizing payment to Norda of $315,774. Donald filed for bankruptcy protection, which was heavily contested. He ultimately obtained a…