In Re Proceedings to Compel McAuley

I respectfully dissent from the majority for the reasoning contained in the following opinion. Appellant, John Monica, who designates himself the real party in interest in the notice of appeal, contends the trial court erred in denying the application of the California court to compel Robert J. McAuley, appellee, to attend criminal discovery proceedings in California as a necessary and material witness. The majority reaches the merits of this claim. However, a preliminary issue is presented. On November 8,1978, Robert McAuley, appellee, filed a motion to dismiss the appeal on the grounds that…