CA Supreme Court to review appealability of voluntary dismissals

The California Supreme Court announced May 30 that it will review the Riverside case Maniago v. Desert Cardiology Consultants’ Medical Group.

The announcement of the case acceptance posed the following question: "Is a voluntary dismissal with prejudice an appealable order if it was entered after an adverse ruling by the trial court in order to expedite an appeal of the ruling?"

The Court of Appeal, Fourth Appellate District, Division One, ruled in a published opinion Feb. 26 that it did not have the jurisdiction to review Maniago after the plaintiff voluntarily dismissed it.

"We conclude that we do not have jurisdiction to adjudicate the plaintiffs’ appeal from a voluntary dismissal of the action entered by the clerk at their request without a final judicial determination of their claims," the ruling said.

Glenn Maniago had filed for voluntary dismissal with the stated reason of expediting their appeal of a demurrer.

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