Perez vs. Fay

You may recall the decision from last year that reversed an order by Judge Elisabeth Adams which, among other things, restricted the mother from speaking Spanish to the child. In that appellate case the mother had prevailed on 7 of the 8 issues that she appealed. When she sought to tax appellate costs on remand, Judge Adams denied the motion, opining that the mother was not the prevailing party. That was error. In the second Perez vs. Fay case (attached), that ruling is reversed and the case was remanded to Judge Adams to enter an award of appellate costs to the mother. The determination of whether a party is the prevailing party is not an all-or-nothing proposition. A party need only prevail on significant issues, not all of them, to be entitled to appellate costs.

Perez v Fay