Does the Court of Appeal have any jurisdiction or authority to order compensation for a third party who has not been successful in an appeal?

California, United States of America


The following excerpt is from Hutton v. Gliksberg, 128 Cal.App.3d 240, 180 Cal.Rptr. 141 (Cal. App. 1982):

7 Although it appears that in Duff v. Engelberg, 237 Cal.App.2d 505, 507, 509, 47 Cal.Rptr. 114, the trial court made a similar award, the propriety of that award was not raised as an issue on that appeal, which was by a third party and which involved entirely different issues.

In a recent case where the trial court had denied such relief, the appellate court rejected without discussion the buyer's arguments for such compensation. (Erich v. Granoff, 109 Cal.App.3d 920, 927, 932, 167 Cal.Rptr. 538.)

8 Reversed on other grounds (1976) 40 N.Y.S.2d 475, 354 N.E.2d 818, 387 N.Y.S.2d 79.

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