Another Good Appellate Reminder from the Second District, Division 6.
Husband wanted to challenge a $35,000 attorney’s fees award under Family Code section 2030 to wife on appeal. However, he failed to provide any supporting argument or citation to authority in his opening brief. He waited until the reply brief to do so. Too late, said Presiding Justice Gilbert in a 3-0 panel decision in Marriage of McClellan and Noe, Case No. B213787 (2d Dist., Div. 6 Feb. 24, 2010) (unpublished). Points raised for the first time in reply briefs were not considered by the appellate panel. (Scott v. CIBA Vision Corp., 38 Cal.App.4th 307, 322 (1995).)