California, United States of America
The following excerpt is from Lockwood v. Draeger, A127925 (Cal. App. 2011):
5. Appellant argues that the trial court abused its discretion by awarding attorney fees to the trustees. This argument, however, is the subject of a separate appeal (Lockwood v. Draeger (A128932, app. pending)), which is neither fully briefed nor consolidated with the instant appeal. Accordingly, we express no opinion regarding appellant's claims of error regarding the award of attorney fees in the present appeal.
6. Although appellant devotes more attention to these points in her reply brief, "[i]t is too late. An appellant's duty attaches at the outset. It would be unfair to permit an appellant to wait to argue [her] substantive points until after the respondent[s] exhaust [their] only opportunity to address an issue on appeal. As a general rule, points not addressed until a reply brief will not be considered unless good reason is shown for failing to address them earlier. [Citation.]" (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852, fn. 10.) None has been shown here.
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