In a reply brief to the Court of Appeal for the first time, is Heather's request for attorney's fees forfeited?

California, United States of America


The following excerpt is from Abrew v. Abrew (In re Abrew), A144141 (Cal. App. 2017):

9. Heather appears to request attorney's fees on appeal for the first time in her reply brief, but this request, too, has been forfeited, for failure to raise it in the opening brief. (People v. Tully (2012) 54 Cal.4th 952, 1075 ["It is axiomatic that arguments made for the first time in a reply brief will not be entertained because of the unfairness to the other party."].)

Other Questions


How have we dealt with the issue of timely appeal from the Court of Appeal in the context of an order requiring a timely appeal? (California, United States of America)
When a defendant fails to raise an issue in the opening brief, raising it for the first time in the reply brief, is a claim of ineffective assistance forfeited? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that defendant failed to provide a supplemental brief to the Court on appeal? (California, United States of America)
In what circumstances will the Court of Appeal consider an issue raised in a reply brief of an appellant before the reviewing court? (California, United States of America)
Does the Court of Appeal have the power to rule on a question of law raised for the first time on appeal? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
What are the findings and conclusions of the Court of Appeal in the Appeal Court of Ontario regarding the conduct of appellant's appointed attorney? (California, United States of America)
What is the test for making a request to appeal against a motion of appeal in the Court of Appeal? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that a defendant has failed to file a supplemental brief to the Court on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.