Fleming v. Dolfin

California Court of Appeal Oct 3, 1930 No. Docket No. 5829.Published

Before: CRAIG, J.

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Holding. The court held that an appeal perfected prior to the effective date of the constitutional amendment granting final jurisdiction to the superior court remains subject to appellate review by the higher court.

Issues

Whether the superior court became the tribunal of final jurisdiction for an appeal perfected before the effective date of section 4b, article VI, of the Constitution.

Disposition. Motion to dismiss denied.

Quotations verified verbatim against the opinion

“The respondents moved to dismiss this appeal upon the ground that under the provisions of section 4b, article VI, of the Constitution, effective November 6, 1928, the superior court became the tribunal of final jurisdiction in such cases.”

This action having been decided in the municipal court of the city of Los Angeles, an appeal was taken to the superior court, wherein judgment was rendered in favor of the plaintiffs, and the defendant Dolfin thereafter appealed to this court from said judgment. [1] The respondents moved to dismiss this appeal upon the ground that under the provisions of section 4b, article VI, of the Constitution, effective November 6, 1928, the superior court became the tribunal of final jurisdiction in such cases. However, the appeal last mentioned was perfected prior to *Page 741 said date, hence the motion is without foundation. (Harris v.Moore, 102 Cal.App. 413 [283 P. 76]; Jones v. Summers,105 Cal.App. 51 [286 P. 1093]; Berg v. Traeger, 210 Cal. 323 [292 P. 495]; D.Q. Service Corp. v. Securities Loan D.Co., 210 Cal. 327 [292 P. 497].)

The motion to dismiss the appeal is denied.

Works, P.J., and Thompson (Ira F.), J., concurred.

Fleming v. Dolfin

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