Fiorini v. Phusion Projects CA5

California Court of Appeal Jul 23, 2013 No. F067046NUnpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the appeal as to defendants Donaghy and Phusion was untimely because the judgments in their favor were final and appealable when entered, as no issues remained to be determined regarding them.

Issues

Whether a judgment in a multiparty action that resolves all issues as to one party is a final, appealable judgment.
Whether the 'one final judgment' rule allows an appeal to be delayed until all parties' claims are resolved when the parties' interests are not interdependent.

Disposition. dismissed

Quotations verified verbatim against the opinion

“In a multiparty action, if all issues are resolved as to one party, then the judgment is final as to that party.”

“The appeal is dismissed as to defendants Donaghy and Phusion only.”

Filed 7/22/13 Fiorini v. Phusion Projects CA5

(Unmodified versions of opn. and prior modification order attached)

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

BRETT A. FIORINI, F067046 Plaintiff and Appellant, (Fresno Super. Ct. No. 11CECG03802) v.

PHUSION PROJECTS, LLC et al., ORDER MODIFYING OPINION (CHANGE IN JUDGMENT) Defendants and Respondents.

The opinion filed on June 20, 2013, is modified in the following particulars:

The Disposition paragraph on page 5 of the Opinion is deleted and the following paragraph inserted in its place:

The appeal is dismissed as to defendants Donaghy and Phusion only. No costs are awarded.

This modification changes the judgment.

________________________ Levy, Acting P.J.

WE CONCUR:

_______________________ Gomes, J.

Filed 7/8/13 Fiorini v. Phusion Products CA5 (unmodifed version)

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA IN AND FOR THE FIFTH APPELLATE DISTRICT

BRETT A. FIORINI, F067046 Plaintiff and Appellant, (Fresno Super. Ct. No. 11CECG03802) v. ORDER PHUSION PROJECTS, LLC et al., ORDER MODIFYING OPINION Defendants and Respondents. (CHANGE IN JUDGMENT)

BY THE COURT:

It is ordered that the opinion filed herein on June 20, 2013, be modified as follows: The disposition on page 5 is deleted and the following inserted in its place: DISPOSITION “The appeal is dismissed as to defendants Donaghy and Phusion only.” This modification changes the judgment.

Fiorini v. Phusion Projects CA5

AI Brief

More from California Court of Appeal

Related research

AI Brief