Phillips v. Cleaver

Defendant appeals from an order denying his motion to set aside an order striking cost bill on appeal and to allow cost bill to be refilled.

Defendant filed and served his memorandum of costs on appeal 45 days after the time prescribed by section 1034 of the Code of Civil Procedure, and the sole question here involved is whether the court abused its discretion in denying his motion for relief under section 473 of the Code of Civil Procedure.

The judgment in this action for an accounting and damages was reversed in part on appeal and the cause remanded for a new trial on the issue of the amount…