Palmer v. Medico Dental Building Corp.

This is a motion to affirm the judgment based upon a directed verdict in favor of defendants on the ground of appellant’s failure to print or set forth in his brief or any supplement thereto, as required by section 953c of the Code of Civil Procedure, any portion of the record sufficient to justify a reversal of the judgment.

Appellant’s brief is unusual in form and entirely insufficient to give the court any adequate understanding of the case. Only fragmentary portions of the pleadings are set forth from which it is impossible to determine the issues thereby made, the theory of appellant’s case, or the relief sought. In fact, it does not appear from anything set forth in the brief that appellant’s fourth amended complaint stated a cause of action against any of the respondents. Further, the brief is lacking in any orderly specification of alleged errors to aid in ascertaining the issues on this appeal. “The briefs must present each point separately under an appropriate heading showing the nature of the question to be presented.” (Rule VIII, Rules of the Supreme Court and District Courts of Appeal.) By inference from the space devoted, it may be surmised that appellant’s main…