This is sort of a harsh result, no?
At the end of a lawsuit, plaintiff/appellant filed a motion to recover her attorney's fees and it was denied, so she filed an appeal. But she forgot to dismiss the lawsuit (as agreed), and eventually figured that out and dismissed it.
That's definitely a technical mistake, since the first notice of appeal was premature and after dismissal, she didn't file a second one. But typically -- or at least often -- the Court of Appeal would exercise its quite considerable discretion under Rule 8.104 to hear the appeal.
Not here. The Court of Appeal dismisses the appeal flat out.
You definitely see decisions like that from wig-wearing judges in the United Kingdom, where they're very particular about following the rules to letter. Less so in America, and even less so in California.
But today's opinion is nonetheless a reminder that rules are rules, and sometimes judges care. Deeply.
