WILLIAMS v. DAVIS (1945)

From an order of the trial court granting defendant's motion to terminate proceedings for the preparation of a transcript on appeal, plaintiff appeals.

This is the undisputed fact:

On November 26, 1943, the trial court granted defendant's motion to terminate the proceedings for the preparation of a transcript on appeal.

The sole question necessary for us to determine is:

Did the superior court on November 26, 1943, have jurisdiction to make an order terminating proceedings for the preparation of a transcript on appeal?

This question must be answered in the negative. Since the new Rules on Appeal became effective, the trial court (superior court) has been without jurisdiction to make an order terminating proceedings for the preparation of a transcript on appeal, such an order having been eliminated from our practice by the adoption of the new Rules on Appeal. Averill v. Lincoln, 24 Cal.2d 761, 764, 151 P.2d 119. The power to terminate proceedings for the preparation of a transcript on appeal is now, and has been since July 1, 1943, vested solely in the court in which the appeal is pending, that is, either the District Court of Appeal or Supreme Court. (Averill v. Lincoln, supra.)

Applying the foregoing rule to the facts of the present case, since the order from which the appeal is taken was made on November 26, 1943, a date subsequent to the effective date of the new Rules on Appeal (July 1, 1943), the order of the trial court was one which the superior court did not have jurisdiction to make and was thus a nullity.

For the foregoing reasons the order is reversed.

McCOMB, Justice.

MOORE, P. J., and W. J. WOOD, J., concur.