Purcell v. Thomas; Thomas v. Accredited Surety and Casualty Company, Inc.

Summary

The District of Columbia Court of Appeals affirmed an award of attorney fees entered approximately six years after the prevailing party filed a timely fee motion following a sexual-harassment judgment. The court also held that a supersedeas bond securing the underlying judgment did not cover the later, separately entered attorney-fee award.

Holdings

1. A prevailing party preserves its request for attorney fees by timely filing and serving the motion required by Superior Court Civil Rule 54(d)(2)(B); no additional step, such as obtaining a deferment order, requesting an immediate ruling, or appealing the lack of a ruling, is required merely because the trial court defers ruling while the merits appeal is pending.
2. The supersedeas bond did not cover the March 2009 attorney-fee award because the bond was tied exclusively to the June 2003 judgment, which did not include attorney fees.

Questions Presented

1. Whether a timely filed motion for attorney fees remains preserved when the trial court defers ruling on it during an appeal of the merits judgment.
2. Whether a supersedeas bond securing a specified judgment also covers a later, separately entered award of attorney fees.

Disposition

affirmed