Waiver Was the Result.
In Marriage of Williamson, Case No. B238067 (2d Dist., Div. 6 June 12, 2014) (published), wife—who was awarded $10,000 in fees and costs as against husband—claimed she was denied due process by not being able to present relevant evidence on the issue before judgment was entered.
However, the record showed wife waived this issue on appeal. At the start of trial, the court explained it usually heard fees/costs requested by post-trial motion unless somebody wanted to argue otherwise. Wife’s counsel responded, “okay” and husband’s counsel said “that would be my preference.” Given this record and the fact the court did award fees/costs through a post-trial motion, the due process had been forfeited earlier.
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