Appeal/Equity: Partition Litigant Denied Attorney’s Fees By Receiver Is Rebuffed By Failure To Provide Adequate Appellate Record

 

Aside from That, His Argument Not Properly Supported and No Error Established.

     A partition litigant denied $28,760.50 in requested attorney’s fees by a receiver did not help himself on appeal in Tacherra v. Tacherra, Case No. A133677 (1st Dist., Div. 2 Sept. 12, 2012) (unpublished). Why? He committed three sins in his appellate presentation: (1) making an undeveloped argument with inadequate support (the appellate courts are more and more not excusing this transgression); (2) failing to provide opposition motion papers or the transcript of the parties’ arguments at hearing (with many reviewing courts dismissing appeals or declaring arguments forfeited without a transcript); and (3) failing to affirmatively establish error (always the burden on appeal, with the appellant usually having to establish error that was other than harmless or demonstrating prejudice, in appellate lingo).

“Law and Equity, or a Peep at Nando’s.”  "Thurlow, a barefooted penitent draped in a sheet by wearing his Chancellor's wig, approaches a coffee-house bar (left) within which stands a pretty young woman..."  1787.  Library of Congress.