Legal Opinion
H. D. Arnaiz Ltd. v. County of San Joaquin
California Court of Appeal
Decided March 21, 2002No. C035433PublishedCited by 55 opinions
1Opinion of the Court
Opinion
MORRISON, J.
County of San Joaquin appeals from the order granting H. D. Arnaiz, Ltd.’s motion to vacate its voluntary dismissal of an action against the County of San Joaquin (County). Arnaiz moves to dismiss the appeal on the grounds that the County accepted the benefit of the judgment; the order is not appealable; and the appeal is untimely. We conclude an order granting a motion to vacate a voluntary dismissal is not an appealable order, but will treat the appeal as a petition for a writ of mandate. We find the trial court did not abuse its discretion in vacating the voluntary…
2Cases cited29 opinions
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3Cited by55 opinions
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