California Court of Appeal

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Barrese v. Murray, B217011

In a stylized Marvin v. Marvin dispute involving the trial court's authority to hear and determine a motion for a new trial on remand, judgment of the trial court is reversed where Code of Civ. Pro. Section 660's 60-day time limitation does not apply because Section 660 was not intended to operate, or apply, in settings where, following an appeal from the judgment, the appellate court remands the case with directions to the trial court to conduct further proceedings on a motion for new trial.

Appellate Information

  • Decided 08/16/2011
  • Published 08/16/2011

Judges

  • FLIER

Court

  • California Court of Appeal

Counsel


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