Wallace

Defendant appeals from a judgment of the trial court directing sale of real property in a partition action.

The sole ground of appeal is that there is no evidence to sustain this finding of fact: “III The Court further finds that the real property hereinafter described, and the personal property heretofore described, is so situated that partition cannot be made without great prejudice to the parties herein. ’ ’

In his brief defendant states: “It is the contention of Appellant that Plaintiff failed to prove that a partition of the property could not be made without great prejudice to the owners. In other words, Finding No. Ill of the Interlocutory Judgment is not supported by the evidence [Clk. Tr. p. 26].” Aside from this there is a total failure to comply with the following requirements of rule 13, Rules on Appeal, 36 Cal.2d 14 : “The opening brief shall contain a statement of the case, setting forth concisely, but as fully as necessary for a proper consideration of the case, in such order as the appellant may prefer, the nature of the action or proceeding and the relief sought, a summary of the material facts, and the judgment or ruling of the superior court.”

Defendant is…