There is an interesting scenario occurring in the 4th district division two appeals court. A court of appeal is supposed to address the trial court orders that are being appealed. Instead this court of appeal has taken extreme judicial fiat with title eight rules of court and has created vexatious orders. One such example is pasted below.
A notice of appeal was filed of a denied order to dissolve a vexatious injunction. Now a litigant does have the constitutional right under the 1st amendment and 14th amendment to seek governmental redress which involves an appeal. So the appeal court decided to take creative judicial fiat to dismiss the appeal on the 17th of April citing matters that did not have anything to do with the current appeal. A motion to vacate was filed and a special order was created to direct the clerk of the court to return that motion citing that the dismissal order was final with immediate effect, citing diverse title eight rules as basis for the order directing the clerk of the court to return the motion.
So let’s take a wild gander in the title eight rules of court, which govern the way an appeal is supposed to be handled.
Justice Ramirez refers to two title eight rules to substantiate his position. They refer to writs and petition for haebus corpus. That was not what was filed, a salient point that was somehow overlooked in this Court’s vexatious order.
What is pertinent is title eight rule 8.264 which relates to filing, finality and modification of decision, (as this appeal was involuntarily dismissed), which specifies the following:
” Filing, finality, and modification of decision
(a) Filing the decision
(1)The Court of Appeal clerk must promptly file all opinions and orders of the court and promptly send copies showing the filing date to the parties and, when relevant, to the lower court or tribunal.
(2)A decision by opinion must identify the participating justices, including the author of the majority opinion and of any concurring or dissenting opinion, or the justices participating in a “by the court” opinion.
(b) Finality of decision
(1)Except as otherwise provided in this rule, a Court of Appeal decision in a civil appeal, including an order dismissing an appeal involuntarily, is final in that court 30 days after filing.”
Now this could be construed as just another major faux pas, if this appeals court had not demonstrated time and time again that its only interest it to create opinions that do not match the legislative intent of the statute. A state audit is urgently required.