What is the test for a husband to appeal against his wife's decision not to file a husband's brief?

California, United States of America

The following excerpt is from Merritt v. Merritt (In re Jay), E065685 (Cal. App. 2018):

^4. Wife did not file a respondent's brief, so we "may decide the appeal on the record, the opening brief, and any oral argument by the appellant." (Cal. Rules of Court, rule 8.220(a)(2).) "Nonetheless, [husband] still bears the 'affirmative burden to show error whether or not the respondent's brief has been filed,' and we 'examine the record and reverse only if prejudicial error is found.' [Citation.]" (Smith v. Smith (2012) 208 Cal.App.4th 1074, 1078.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the test for an appeal of the Court of Appeal's decision not to grant relief on appeal from an alleged abuse of discretion? (California, United States of America)

What is the effect of the Court of Appeal's decision to stay the trial court's writ of mandate and all proceedings below, pending an appeal? (California, United States of America)

Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)

In an appeal from the Court of Appeal against the decision not to grant a preliminary injunction, what is the scope of the application? (California, United States of America)

Does the Court of Appeal have to continue to hear an appeal from an appellant who, as a result of the July 19, 2016 order rendered this appeal moot? (California, United States of America)

What is the test for an appeal against a decision by the California Court of Appeal allowing a defendant to exclude evidence that is hearsay? (California, United States of America)

What are the implications of the Court of Appeal's decision not to grant defendant's appeal against his conviction for contempt of court? (California, United States of America)

Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)

What is the test for appeal against the Court of Appeal's decision not to dismiss the case? (California, United States of America)

When a discretionary sentencing decision on appeal is made for the first time on appeal, is it subject to appellate review? (California, United States of America)

What is the test for a husband to appeal against his wife's decision not to file a husband's brief?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources