IN RE: LUNDELL'S ESTATE. (1950)

District Court of Appeal, Second District, Division 1, California.

IN RE: LUNDELL'S ESTATE.

Civ. 17121.

Decided: January 26, 1950

Sprague & Sparks, Los Angeles, for appellants. Prentiss Moore, Charles M. Hughes and George L. Duke, Los Angeles, for respondents.

The petition for rehearing of respondents herein raises the question as to the status of their position by reason of this court's reversal of the order appealed from without directions to the trial court.

The rule appears to be well established that in ordinary civil actions an unqualified reversal of the judgment by an appellate tribunal has the effect of remanding the cause, either for a new trial or for other appropriate proceedings. Rinaldo v. Superior Court, 15 Cal.App.2d 585, 588, 59 P.2d 868, and authorities there cited. See, also De Hart v. Allen, 26 Cal.2d 829, 833, 161 P.2d 453; In re Estate of Wear, 20 Cal.2d 124, 128, 124 P.2d 12.

The petition for rehearing is denied.

PER CURIAM.

Hearing denied; CARTER and SCHAUER, JJ., dissenting.

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