Wrong. There is no rule about how much the appeal must change the award. Generally, in contract if the plaintiff wins anything, the plaintiff gets attorney's fees.
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Your reference to the 23% most likely refers to sanctions for an appeal from a compulsory arbitration award. In general, the Superior Court will do an 'apples to apples' comparison of the arbitration award to the superior court result. If the appealing party does not improve the result by at least 23%, the Superior Court can award the prevailing party their court costs, attorney's fees, and expert witness fees. There are other rules and statutes governing court costs, attorney's fee and expert witness fees that might also apply, depending upon the specific facts of the case.
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