Case Summary

P1294 REVIEW DENIED In a multi-defendant suit, dismissal of one defendant by the trial court's oral ruling, which was never reduced to judgment, is not appealable; entry of judgment naming some defendants does not establish appellate jurisdiction over alleged trial court errors regarding any other defendant; in an appeal based on the sufficiency of evidence, if an appellant's briefs do not specifically identify portions of the transcript that support its argument and state fully what evidence is claimed to be insufficient, or presents only facts and inferences favorable to its own position, its argument may be deemed waived; a decision denying a motion to suppress evidence in a criminal prosecution, based solely on the claim that the evidence was obtained while the moving party was being unlawfully detained, precludes consideration of the issue of unlawful detention in a subsequent civil action brought by the person so prosecuted; denial of a motion for summary disposition does not preclude consideration at a subsequent trial of issues presented by the motion.

SCHMIDLIN v CITY OF PALO ALTO (Police Liability) 157 CA4 728 [See: GovC 945.3; Guthrey v State 63 CA4 1108, T/AT 6/98; SB Pistachio v Chowchilla Water 88 CA4 439, T/AT 5/01; McCutchen v City 73 CA4 1138, T/AT 9/99]