This reviews a Court of Appeals opinion we blogged here. You can read the facts and issues there. Justice Hurwitz [edited; “Judge” in original; sorry, that’s a measure of how old-fashioned we are, so old fashioned that few now will know why it means we’re old-fashioned] tells us – in a typically brief, no-nonsense opinion — that “The majority below . . . had it right.” Smith means what it says, Engel was correct, Barassi is limited to its facts. You can’t appeal while a time-extending motion is pending, no matter who filed it.

Both parties wanted their issues heard on the merits, though, so the opinion then tells them and the trial court how to go about setting up new appeals. In an ideal world this would go without saying; in the one we live in appellate courts know they should say such things in detail, to avoid further mangling of the case or of the law.

(link to opinion)