Friday, January 11, 2013

Line item disposition?

Most appellate decisions either simply affirm or reverse the judgment or order on appeal. Some affirm with modifications "as set forth in the decision," leaving it to the parties and trial court to work out the final details in accord with the appellate opinion.
Sometimes, however, the court of appeal takes out its red pen and edits the judgment, as 4/1 does in this case today: http://www.courts.ca.gov/opinions/documents/D058769.PDF
This specific and hands-on approach certainly removes any ambiguity about the outcome.