BANKES v. LUCAS

Docket No. B054702.

9 Cal.App.4th 365 (1992)

11 Cal. Rptr.2d 723

RUSSELL G. BANKES et al., Plaintiffs, Cross-defendants and Appellants, v. CHARLES J. LUCAS et al., Defendants, Cross-complainants and Respondents.

Court of Appeals of California, Second District, Division Seven.

September 4, 1992.


Attorney(s) appearing for the Case

COUNSEL

Haight, Brown & Bonesteel, Roy G. Weatherup and Jeffrey B. Margulies for Plaintiffs, Cross-defendants, and Appellants.

Silver & Arsht, Samuel J. Arsht and Linda Randlett Kollar for Defendants, Cross-complainants and Respondents.


OPINION

JOHNSON, J.

Appellants, Russell and Marilyn Bankes, appeal from the order of the trial court awarding respondents, Charles and Marianne Lucas, additional attorney fees as costs incurred opposing postjudgment motions. In an earlier opinion reviewing the merits of the controversy, we concluded neither party was the "prevailing party" under the contract, entitling neither party to an award of attorney fees. As a result, we must...

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