Appellate Courts Increasingly Are Not Forgiving Appealing Parties’ Mistakes.
The next case, JPMorgan Chase Bank, N.A. v. Raskin, Case No. B292597 (2d Dist., Div. 3 Sept. 23, 2020) (unpublished), demonstrates an increasing trend we have seen in appellate decisions: affirming an appeal where an appellant fails to comply with important “gateway” appellate briefing rules.
Appellant borrower challenged two orders awarding fees to respondent banks. Those orders were affirmed because of appellant’s: (1) failure to provide citations to the appellate record; (2) failure to provide legal support in a discussion of each point of error; (3) failure to discuss the applicable legal standard of appellate review; (4) failure to discuss applicable statutes; and (5) making only conclusory arguments. The appellate court also observed it was unfair for the intermediate courts to take on appellant’s burdens to the detriment of other appeals waiting their turn to be decided. On appeal, it is best to hire an appellate specialist or at a minimum consult with one to avoid what happened here.
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