An appellate court in California has dismissed an appeal brought in a legal malpractice action seeking a waiver from paying court fees and costs. In
Garmallo v. Daley, a client brought a legal malpractice suit against his former attorney. Upon filing his complaint, the client filed a fee waiver request. However, the court rejected the request because it was incomplete.
In its rejection order, the court notified the client that he had 10 days to either submit a revised request or pay the filing fees. After 14 days, the client submitted a revised request, which the court rejected as untimely. Subsequently the court sent the client a Notice of Administrative Void, which deemed his complaint invalid, and entered a judgment accordingly.
The client filed an appeal 71 days later. However, the appellate court found that the appeal was untimely because it was not filed within 60 days from when the client received notice of the entry of judgment. The appeal was therefore also dismissed.
Garmallo v. Daley