After we issued a tentative opinion, heard oral argument, and issued our final opinion, but before the remittitur issued, [Appellant] Brown moved to dismiss the appeal. An appellant may not dismiss an appeal as a matter of right. (Huschke v. Slater (2008) 168 Cal.App.4th 1153, 1160 [imposing $6,000 sanctions on attorney for unreasonable delay in notifying appellate court that parties had settled and dismissed the underlying case].) Rather, pursuant to California Rules of Court, rule 8.244(c)(2), “On receipt of a request or stipulation to dismiss, the court may dismiss the appeal and direct immediate issuance of the remittitur.” (Italics added.) Thus, dismissal is discretionary. We grant the request, vacate our prior opinion, and dismiss the appeal.[The MetNews has: Riverside-Based C.A. Panel Permits Dismissal After Opinion Is Issued
Justices Were Able to Take Action in Scrapping Feb. 27th Decision In Light of Emergency Order Extending Time Periods]
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