Supreme Court of California

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Kurwa v. Kislinger, 234617

Affirming a court of appeals judgment in a case where the parties agreed to dismiss many claims, a choice the plaintiff made in order to appeal a partial order of dismissal, but the judgment wasn't final, couldn't be appealed, and the trial court disavowed the ability to revisit the agreement, resulting in attempts by the plaintiff to finalize the judgment by dismissing other claims, but still couldn't get the judgment revisited because a cross-claim remained pending, because while the court agreed that the present appeal wouldn't get the plaintiff out of their bind, but clarifying that the trial court retained authority to render a final and appealable judgment and remanding for the trial court to vacate its defective judgment and enter a final judgment.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/12/18




  • Supreme Court of California


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