Attorney's Fees Must Be Dealt With Before Judgment Is Final
If you are seeking attorney's fees in a lawsuit, take a minute to look at the Fourth Circuit Court of Appeals' opinion in Carolina Power and Light Co. v. Dynegy Marketing and Trade. The Court sets out the circumstances when a trial court must rule on a claim for attorney's fees before a judgment becomes final. The gist is that if attorney's fees are part of the claim - such as a provision for legal costs in the event of a breach of contract - then the trial court must rule on the fee issue before the rest of the judgment becomes final. On the other hand, a discretionary request for attorney's fees under statute is not a part of the main case, and the trial court can enter a judgment on the case while deferring the fee issue.
The important part for lawyers is to know when to insist that the attorney's fee issue be resolved so that the time to appeal begins to run, and your client can get one step closer to executing on the judgment.