When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it?

California, United States of America


The following excerpt is from Branson, In re, 141 Cal.App.3d 482, 190 Cal.Rptr. 412 (Cal. App. 1983):

When a court of appeal has an appealable judgment or order before it, the court has jurisdiction to affirm, reverse, or modify it, and to direct the entry of a proper judgment or order. (Code Civ.Proc., 43, 906; Pen.Code, 1260.) Where the parties to an appeal stipulate that the judgment or order must be affirmed, reversed, or modified, this court may, if it agrees, render a decision pursuant to the stipulation. (See, e.g., People v. The Federal Land Bank of Berkeley (1948) 31 Cal.2d 871, 192 P.2d 948; Miller v. Board of Supervisors of Santa Clara County (1966) 64 Cal.2d 890, 50 Cal.Rptr. 915, 413 P.2d 859.)

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