What is the appellate court's role in determining whether or not a trial judge has jurisdiction to review a motion of appeal in a case of mistaken identity?
California, United States of America
The following excerpt is from Iott v. Franklin, 206 Cal.App.3d 521, 253 Cal.Rptr. 635 (Cal. App. 1988):
Just as it is "the trial judge's job to decide such cases" (Gardner v. Superior Court (1986) 182 Cal.App.3d 335, 339, 227 Cal.Rptr. 78) it is the appellate court's job to review them, to measure the limits and bounds of trial court discretion.
[206 Cal.App.3d 528]
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