Is there any actual harm caused by the fact that an adverse judgment is entered regardless of what happens on appeal?

California, United States of America


The following excerpt is from Laird v. Blacker, 2 Cal.4th 606, 7 Cal.Rptr.2d 550, 828 P.2d 691 (Cal. 1992):

Further, although the majority correctly point out that some harm is caused by the mere fact that an adverse judgment is entered regardless of [2 Cal.4th 628] what happens on appeal, the various harms they cite cannot be considered "actual injury." Consistent with policy reasons discussed above, especially judicial economy, I would reject the dictum in Budd v. Nixen, supra, 6 Cal.3d at page 202, 98 Cal.Rptr. 849, 491 P.2d 433, suggesting that substantial harm is suffered by the ordinary expenses that appellants incur to maintain an appeal, such as paying filing and transcript fees and posting a bond; whether such harm is relatively de minimis, or is indeed suffered at all, cannot be determined until the appeal is concluded because these expenses may be recouped by the prevailing party on appeal. (Cal.Rules of Court, rule 26.)

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