What is the test for a husband to appeal against his wife's decision not to file a husband's brief?

California, United States of America


The following excerpt is from Merritt v. Merritt (In re Jay), E065685 (Cal. App. 2018):

4. Wife did not file a respondent's brief, so we "may decide the appeal on the record, the opening brief, and any oral argument by the appellant." (Cal. Rules of Court, rule 8.220(a)(2).) "Nonetheless, [husband] still bears the 'affirmative burden to show error whether or not the respondent's brief has been filed,' and we 'examine the record and reverse only if prejudicial error is found.' [Citation.]" (Smith v. Smith (2012) 208 Cal.App.4th 1074, 1078.)

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