Civil Litigation,
Law Practice,
Appellate Practice
Jul. 11, 2019
Prompt payment doesn’t waive your right to appeal
Last week the governor signed Assembly Bill 1361, which will add Section 695.215 to the Code of Civil Procedure, clarifying that satisfaction of a money judgment does not constitute waiver of the right to appeal.
Eric S. Boorstin
Partner
Horvitz & Levy LLP
He is a certified appellate law specialist who has handled a broad range of high-stakes civil appeals.
An injured plaintiff wins a $10 million judgment consisting of $2 million in compensatory damages and $8 million in punitive damages. The defendant posts a bond and hires appellate counsel, who reviews the record and advises that the defendant should challenge only the punitive damages award on appeal.
Traditionally, a defendant would not be likely to pay the uncontested compensatory portion of the judgment while the appeal was pend...
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