Can an appellate court amend an order made by the Superior Court of Justice in a case not before the court?
California, United States of America
The following excerpt is from People v. Bito, H036375 (Cal. App. 2012):
3. This court is unaware of any authority that would allow an appellate court to amend trial court orders in cases not before the court. Appellate jurisdiction is confined to those decisions of the trial court that have been put before the appellate court by way of appeal or writ. (Leone v. Medical Board (2000) 22 Cal.4th 660, 666 [appellate jurisdiction is limited to the procedural context of a direct appeal or writ petition].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an appellate court amend an order made by the Superior Court of Justice in a case not before the court? (California, United States of America)
Can an appellate court amend an order of the Superior Court of Appeal in cases not before the court? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
If the parties have appealed against the Superior Court's order that the parties can continue to argue that the issues addressed by the orders are moot, can they appeal against the orders? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
In a motion before the Superior Court of Justice to vacate a judgment against an appellant, what is the effect of the judgment against the appellant on the motion to withdraw his plea? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
