Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Mercer County. Super. Ct. No. 145429, Frank Dougherty, Judge.
Bruce B. Sousa for Defendant and Appellant.
McCormick, Barstow, Sheppard, Wayte & Carruth, Stephen E. Carroll and David L. Emerzian for Plaintiff and Respondent.
OPINION
VARTABEDIAN, Acting P. J.
This is an appeal from a post judgment order granting contract attorney fees and other relief to respondent Greg Hostetler and against appellant Labar Enterprises, Inc. Respondent prevailed on one cause of action for specific performance of a real estate purchase contract, dismissed two related causes of action for damages before trial, and lost on two causes of action seeking to impose an easement on adjacent property. In a related appeal, F050181, of which we take judicial notice, we have this day reversed the judgment for specific performance and have remanded the case to the trial court for entry of judgment in appellant’s favor. Accordingly, the orders in the present appeal must also be reversed.
Disposition
The orders of August 14, 2006, awarding attorney fees and costs to respondent and striking appellant’s memorandum of costs, are reversed. On remand, the trial court shall enter such further orders as may be appropriate in light of the judgment ordered in F050181. Appellant is awarded costs on appeal and attorney fees on appeal in an amount to be determined by the trial court on remand.
WE CONCUR: WISEMAN, J., LEVY, J.