In Wilkerson v. Sullivan (2002) 99 Cal.App.4th 443, the appellate court held that the defendant was entitled to attorney fees on appeal of an order granting the defendant's motion to strike the plaintiff's complaint as a SLAPP suit pursuant to section 425.16, despite the voluntary dismissal by the plaintiff of the appeal before briefing. (Id. at p. 446.) The plaintiff argued that the trial court could not determine which party would have prevailed on appeal in the absence of a determination of the merits of the appeal. The appellate court rejected the plaintiff's attempt to compare the plaintiff's voluntary dismissal of an appeal from an order granting an anti-SLAPP motion (and awarding attorney fees) to that of a voluntary dismissal in the trial court of an action with an anti-SLAPP motion pending. (Id. at p. 447.) "In the former circumstance, the trial court has ruled on the motion to strike on the merits and concluded that the action was a SLAPP suit, thus entitling the defendant to recover attorney fees in connection with the motion. The dismissal of an appeal from the trial court's determination leaves intact the judicial finding that the action was a SLAPP suit (Code Civ. Proc., 913; Conservatorship of Oliver (1960) 192 Cal.App.2d 832, 836-837), which in turn entitles the defendant to recover fees under section 425.16. " (Wilkerson, at p. 447.) According to Wilkerson, "the courts have consistently interpreted section 425.16 to authorize the recovery of attorney fees and costs incurred in defending against an unsuccessful appeal from an order granting the anti-SLAPP motion.We discern no reason for denying a recovery of attorney fees and costs on appeal simply because the plaintiff decides not to pursue the appeal to final determination." (Id. at p. 448.)