Atowich v. Zimmer

The defendants appeal from an order relieving plaintiffs from default in failing to file timely request for a transcript on an appeal taken by plaintiffs pursuant to section 953a of the Code of Civil Procedure from a judgment on the merits theretofore rendered against them in the above action.

We find no merit in the appeal. The determination of the question of whether a party shall be relieved from his default must be left almost entirely to the discretion of the trial court, and it is only in exceptional cases that orders granting such relief will be reversed. Aside from the foregoing…