Ve Corp. v. Ernst Young

OPINION AND JUDGMENT ON DISMISSAL OF APPEAL

ASHWORTH, Justice (Retired, Sitting by Assignment).

On this day came on to be considered by the Court the motion of appellee, Ernst & Young, to dismiss appeal. The Court finds that prior to the submission of this cause on December 2, 1992, the appellant, on December 1, 1992, filed an identical suit in the Santa Clara County Superior Court, San Jose, California. Such filing rendered moot the cause before us. Such filing was not made known to this Court at time of submission. It is therefore this Court’s opinion that appellee’s motion to dismiss should…