What is the test for an appellant to succeed on appeal?

California, United States of America


The following excerpt is from Franke v. O'Connor (In re Marriage of Franke), B289196 (Cal. App. 2019):

An appellant must present legal analysis and relevant supporting authority for each point asserted, with appropriate citations to the record on appeal. (Duarte v. Chino Community Hospital (1999) 72 Cal.App.4th 849, 856.) The opening brief must state the nature of the action, the relief sought in the trial court, the judgment or order appealed from, and summarize the significant facts, but limited to matters in the record. (Cal. Rules of Court, rule 8.204(a)(2)(A), (C).) The appellant must support each point by argument, and if possible, provide citation of authority. (Cal. Rules of Court, rule 8.204(a)(1)(B).) These are not mere technical requirements, but important rules of appellate procedure designed to alleviate the burden on the court by requiring litigants to present their cause systematically, so that the court "may be advised, as they read, of the exact question under consideration, instead of being compelled to extricate it from the mass." (Landa v. Steinberg (1932) 126 Cal.App. 324, 325.)

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