Taliaferro

Taliaferro v. Taliaferro

Good Law
1962 Cal. App. LEXIS 2409·203 Cal. App. 2d 652·21 Cal. Rptr. 870
Court of Appeal of CaliforniaMay 17, 1962Civ. Nos. 18910, 19151, 19152, 19317, 19528California400 words

Opinion

Lead Opinion

Draper, J.

In two opinions filed this day, we have treated those appeals by defendant which warrant consideration. Appellant’s remarkable proclivity for proliferation has produced five more appeals in the same case.

Some of these are from orders which are not appealable, i.e., denial of motion to correct record (see People v. Gross, 44 Cal.2d 859, 861 [ 285 P.2d 630 ]). Others are from denial of motions which turn wholly upon issues raised on the appeal from the judgment, i.e., motion to vacate judgment on the ground it was void. Where the judgment is appealable and. *653 is in fact appealed from, to permit appeal from such an order would permit two appeals from the same decision (3 Within, Cal. Procedure, 2170). In any event, upon determination of the appeal from the judgment, the appeals from such orders become moot and should be dismissed.

The conclusion is inescapable that these appeals are frivolous. Every germane issue is raised in the two appeals which we have decided today. The five additional appeals constitute a gross misuse of the right of appeal, amount to mere harassment of opposing party and counsel, and place an undue burden upon the court and upon those who must purchase…

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