Smith v. Smith

Plaintiffs move to dismiss the appeal of defendant and cross-complainant from judgment dismissing the cross-complaint based upon an order sustaining a demurrer to the cross-complaint without leave to amend, upon the ground that the judgment is nonappealable. Plaintiffs also move for *344an order affirming said judgment on the same ground and on the ground that the appeal is frivolous.

Plaintiffs contend that the judgment is nonappealable because, the parties to the complaint and to the cross-complaint being the same, the judgment dismissing the cross-complaint does not finally dispose of anyone’s…