Bui v. Situ CA3
This appeal presents us with several unusual questions. Suppose a trial court issues an order in a limited civil case that purports to dismiss a related unlimited civil case. In that event, has the unlimited civil case actually been dismissed? Suppose further that one of the parties seeks to appeal the trial court’s purported dismissal. Would the appeal be from a dismissal of the unlimited civil case or from a decision in the limited civil case? The distinction matters because appeals in limited civil cases, unlike appeals in unlimited civil cases, are subject to shorter timelines and must be filed with the superior court’s appellate division rather than the court of appeal.
Under this set of facts, we conclude that no case has actually been dismissed, as a trial court’s decision in one case cannot dismiss a distinct case not before the court.
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