In Re Serrano

I respectfully dissent from the majority's conclusion that, "based on the unusual circumstances surrounding the dismissal of petitioner's appeal, the equities of this case lie in favor of granting petitioner's request for relief." (Maj. opn., ante, at p. 457.) Petitioner's request to reinstate his appeal was addressed to the sound discretion of the Court of Appeal. (Lundy v. Lakin (1949) 89 Cal.App.2d 849, 850 [202 P.2d 369], cited with approval in Mattz v. Superior Court (1988)46 Cal.3d 355, 361 [250 Cal.Rptr. 278, 758 P.2d 606]; O'ConnellGold Mines, Ltd. v. Baker (1943) 60 Cal.App.2d 777,…