Can a motion to dismiss an appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling be dismissed for mootness?

California, United States of America


The following excerpt is from Kriebel v. City Council, 112 Cal.App.3d 693, 169 Cal.Rptr. 342 (Cal. App. 1980):

In Smith v. North, supra, 244 Cal.App.2d 245, 53 Cal.Rptr. 94, this court considered an appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling alleged to be in violation of tract building restrictions. A motion to dismiss for mootness was made on the grounds that the proposed dwelling had been completed pending the appeal. The court considered the merits of the appeal,

Page 349

County of Los Angeles v. Butcher, 155 Cal.App.2d 744, 318 P.2d 838, considered a motion to dismiss an appeal from a judgment dissolving a preliminary injunction and denying relief from alleged illegal[112 Cal.App.3d 706] lot divisions. The county claimed defendants subdivided a parcel into eight lots without filing a subdivision map. Pending the appeal, the defendants entered into land sale contracts as to some lots, and sold the others by deed. No stay orders were in effect. The court held the subsequent sales of lots rendered the appeal moot as to such lots. As to the land sale contracts, the court said at page 747:

Other Questions


Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Is a motion to dismiss the appeal moot because the restraining order granted by the trial court expired before an appeal can be heard? (California, United States of America)
Can a notice of appeal of a judgment of dismissal following an earlier order regarding a different defendant be construed as a "notice of appeal" regarding "a different defendant"? (California, United States of America)
What is the test for denying defendant's motions on a post-judgment motion? (California, United States of America)
Is a motion denying a motion for a new trial an appeal or is it not an appeal? (California, United States of America)
Is a motion denying a writ of mandamus and dismissing the action considered an appealable judgment? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
Is a motion to modify a sentence in a personal injury case an unauthorized and unauthorized appeal from the order of the Superior Court of Appeal denying the motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.