The Sotomuras obtained a judgment in their civil rights suit brought under 42 U.S.C. § 1983. Defendants appealed. After briefs were filed on the merits and on the Sotomuras' motion to dismiss the appeal as untimely, we granted the motion to dismiss. The Sotomuras now seek attorneys' fees under 42 U.S.C. § 1988 for services performed in connection with the appeal. The Sotomuras are "prevailing parties," a prerequisite to such an award, even though they prevailed by obtaining dismissal of the appeal as untimely rather than affirmance on the merits. Hastings v. Maine-Endwell Central School District, New York, 676 F.2d 893, 896 (2d Cir. 1982). Cf. Maher v. Gayne, 448 U.S. 122, 129, 100 S.Ct. 2570, 2575, 65 L.Ed.2d 653 (1980); Williams v. Alioto, 625 F.2d 845, 847-48 (9th Cir. 1980).
Normally fees are not awardable to a party who prevails on appeal only because of erroneous procedural or evidentiary rulings below. Hanrahan v. Hampton, 446 U.S. 754,
The Sotomuras seek $34,941.40 in attorneys' fees. Although the issues were complex, most of the legal arguments had already been briefed before the district court. The hours claimed for preparation of the briefs on appeal appear to involve some duplication and inefficiency. Upon due consideration, we award attorneys' fees in the amount of $25,000, plus costs in the amount of $158.86.
IT IS SO ORDERED.