Does a motion to dismiss an appeal before a full written opinion on the same issue need to be considered by the Court of Appeal?

California, United States of America

The following excerpt is from Mejia v. Vu, D076582 (Cal. App. 2020):

^3. Vu filed a similar motion to dismiss the appeal on December 17, 2019. We summarily denied the motion on January 3, 2020. The summary denial of a motion to dismiss the appeal, however, does not " 'preclude later full consideration of the issue, accompanied by a full written opinion, following review of the entire record and opportunity for oral argument.' " (Ellis v. Ellis (2015) 235 Cal.App.4th 837, 841, fn. 5.)

^4. Further statutory references are to the Code of Civil Procedure unless otherwise specified.

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