KILMER v. CARTER

Docket No. 32590.

274 Cal.App.2d 81 (1969)

78 Cal. Rptr. 800

EUGENE D. KILMER, Plaintiff and Appellant, v. JOSEPH R. CARTER, JR., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

June 17, 1969.


Attorney(s) appearing for the Case

Milton Zerin and Morton Minikes for Plaintiff and Appellant.

Joseph R. Carter, Jr., in pro. per., and Lewis D. Jones for Defendants and Respondents.


KAUS, P.J.

Plaintiff appeals from a judgment based upon findings and conclusions to the effect that although the defendant attorneys were negligent in failing to file an opening brief in a previous appeal, thereby causing it to be dismissed under rule 17 (a) of the California Rules of Court, plaintiff was not damaged because he failed to prove that the appeal would have been won.

We are thus called upon to determine whether the trial court in the case at bar...

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