Tyson
Tyson v. Tyson CA1/2
Opinion
Opinion
discussion of the law and no legal argument. We are not even clear what error he believes the court committed. In addition, a party cannot challenge a ruling to which they raised no objection, and here the court’s ruling says that it dismissed this case “without objection” (i.e., after conferring with Tyson’s lawyer so that Tyson’s claims may be brought in Probate Court). “ ‘ “The rule that contentions not raised in the trial court will not be considered on appeal is founded on considerations of fairness to the court and opposing party, and on the practical need for an
The dismissal order is appealable despite having been entered “without prejudice.” Such a dismissal is a final appealable judgment if, as is clearly the case here, all that is meant by the court’s use of “without prejudice” language is that the plaintiff is entitled to commence a new case. (See Steen v. Board of Civil Service Comm’rs (1945) 26 Cal.2d 716, 728; see also, e.g., In re Lauren P. (1996) 44 Cal.App.4th 763, 767-768; United Teachers-L.A. v. Los Angeles Unified School Dist. (1994) 24 Cal.App.4th 1510, 1514, fn. 3.)
3 orderly and efficient administration of the law.” [Citations.] Otherwise, opposing…