What is the burden of proving that an order is wrong on appeal?

California, United States of America


The following excerpt is from Pinder v. Pinder, A143028 (Cal. App. 2015):

A trial court order is presumed to be correct, and "to be successful on appeal, an appellant must be able to affirmatively demonstrate error on the record before the court." (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 822.) Moreover, "the appellant has the burden to prove [error] by presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed forfeited. [Citations.]" (Keyes v. Bowen (2010) 189 Cal.App.4th 647, 655-656.) "It is the appellant's responsibility to support claims of error with citation and authority; this court is not obligated to perform that function on the appellant's behalf. [Citation.]" (Id. at p. 656.)

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