Can an appellate court amend an order of the Superior Court of Appeal in cases not before the court?
California, United States of America
The following excerpt is from People v. Ulloa, H037192 (Cal. App. 2012):
2. 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
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)
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 made by the Superior Court of Justice in a case not before the court? (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)
Does the Court of Appeal have jurisdiction to order an order affecting a judgment from the trial court while the appeal is pending? (California, United States of America)
What is the effect of an amended judgment in the Superior Court of Appeal against a defendant who has appealed against the amended judgment? (California, United States of America)
What is the result of the Court of Appeal's decision in the case of defendant in the Superior Court of Justice on appeal against a finding of not guilty of a charge of gross negligence? (California, United States of America)
Does the Court of Appeal have to continue to hear an appeal from an appellant who, as a result of the July 19, 2016 order rendered this appeal moot? (California, United States of America)
What is the role of the Court of Appeal on an appeal where the superior court has found that the appellant did not have due process or a statement of decision? (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)
