Third District Reinforces the Waiver Principle in an Unpublished Decision.
Although arising in the context of an appeal by an in pro per litigant, the Third District in Westlake v. Willms, Case Nos. C058379/C059434 (3d Dist. Dec. 23, 2009) (unpublished) helps reinforce a lesson iterated in many of our past posts under the category “Allocation.” If you are going to claim that the trial judge erred in failing to apportion attorney’s fees between covered and non-covered claims, make an adequate record. In this case, appellant failed to point to any specific time entries that he claimed were not reimbursable in nature, either at the trial court or appellate levels. Result: the argument was forfeited (waived) for purposes of appellate review.