State v. Bastinelli

(concurring specially)—The court decides this case on what I think were the secondary issues presented, and in my view, the majority does not pass upon the crucial points presented and argued. Thus, the court’s opinion —erroneously, I think—is made to turn upon signed journal entries which, the court holds, showed a dismissal terminating the case beyond revival. But the journal entries or minutes are no more than evidence of judicial action; they do not constitute that action in and of themselves.

As I understand this record, the fundamental issue is whether the entries reflect a final order…