Attorney not Honoring my Request

[Tex78704]

...But the court incorrectly states in the opinion that I lived there and my attorney doesn't mention this in the Appeal Brief nor in the Reply to the Appeal Brief! ...even after I requested to put it in there.

So, the court wrongfully assumed I lived there, AND the court wrongfully assumed I lived there for a long time. I'm guessing this is the root of their determination that this is an intentional act and not covered by the policy.

If the judge made an error or an incorrect assumption in his opinion, your attorney should have promptly objected via a motion for reconsideration or new trial. And pointing out the any errors in the opinion. If the judge overruled the objection, you could then raise this issue on appeal.

But if the courts wrongful assumptions are the result of your not having made proper and timely objections, then you failed to preserve error, and you cannot raise this issue appeal.

 

[tony17112acst]

Thanks very much for the input again!

I requested that my attorney put this info into the Appeal Brief Reply and he did not. So now both the Appeal and the Reply to Appeal Briefs have been submitted. I don't know what to do.

Should I bring this up with him and ask him why he didn't put it in?
Should I pay for one hour of consultation with another atty to give me unbiased advise?
I think I read above that there may be a such thing as an amended Appeal ...I'll look now. -Tony