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Meadows v. Welch

10/31/2002

NOT TO BE PUBLISHED


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


Plaintiff Henry Meadows appeals from a judgment finding defendant Michael Welch not negligent. We affirm.


The clerk of the trial court was unable to file a complete record. According to the parties' briefs, this is a personal injury action brought by plaintiff to recover damages allegedly suffered when defendant, while driving a car, struck plaintiff. Plaintiff allegedly was riding his bicycle when the accident occurred.


The matter went to trial. The jury returned a special verdict concluding defendant was not negligent. On that basis, the trial court issued and entered judgment against plaintiff on September 5, 2001.


Plaintiff's sole argument before us, in its entirety, is the following:


"Due to special verdict certain facts was nonsumbmitable demonstrating the error committed by the trial court and that such error caused prejudice to the appellant." (Sic.)


Except for this conclusory allegation, plaintiff's brief contains no legal argument, no citation to authorities, and no citation to the record. Under these circumstances, we deem plaintiff to have waived his challenge to any error allegedly committed by the trial court and affirm the judgment. (Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115; 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, ยง 594.)


DISPOSITION


The judgment is affirmed. Defendant is awarded costs on appeal.


We concur:


MORRISON, J.


HULL, J.




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