Hodge v. Kidder Peabody & Co., Inc.

GLICKSTEIN, Judge.

This is an expedited petition for a writ of certiorari for review of a non-final order of a trial court, denying petitioner’s motion to strike an action from the trial calendar. Respondents elected to file no response, notwithstanding the opportunity to do so; the trial docket commences on August 19, 1985. Petitioner contends that it was error for the trial court to set the case for trial, as the last available pleading had not been filed, the case therefore not being at issue. We agree but reluctantly deny the petition because we are without jurisdiction to grant relief…