Wednesday, March 13, 2013

No more judicial rescue missions?

Appellate specialist Mark Schaeffer draws attention to the published opinion today from the 3d District, Good v. Miller, in which an appeal was taken from an order imposing terminating sanctions, which is not an appealable order.
The court gives three reasons for declining to exercise its discretion to save this appeal: First, appellant didn't ask for that help; second, appellant ignored the issue; and third, appellant misstated relevant facts about appealability. Sorry, Mr. Good, that's not good.


Mayday! Choplifter hit! Rescuse mission scrubbed...

And again, later today in this case....