Kilmer v. Carter

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 correctly decided that plaintiff did not “prove that the appeal . . . would have resulted in a reversal.” (Pete v. Henderson, 124 Cal.App.2d 487,…