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ESTATE OF D'AVILA

Docket No. 21253.

217 Cal.App.2d 123 (1963)

31 Cal. Rptr. 363

Estate of JOHN D'AVILA, Deceased. THE BANK OF CALIFORNIA NATIONAL ASSOCIATION, as Administrator, etc., Petitioner and Respondent, v. TERESA BANDUCCI et al., Objectors and Appellants.

Court of Appeals of California, First District, Division One.

June 12, 1963.

Attorney(s) appearing for the Case

Allen H. Trant for Objectors and Appellants.

Tinning & DeLap, Carlson, Collins, Gordon & Bold, Francis A. Watson, Jr., and Robert Eshleman for Petitioner and Respondent.

SULLIVAN, J.

Respondent administrator (hereafter referred to as respondent) has moved to dismiss the appeal on the ground that it is frivolous.

[1] In Toohey v. Toohey (1950) 97 Cal.App.2d 84, 85 [217 P.2d 108], we said: "The appellate courts are reluctant to dismiss an appeal on the ground of frivolity. Normally, the determination that an appeal is frivolous...

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