What is the test for a motion to dismiss an appeal by a party who refuses to comply with a lower court order?
California, United States of America
The following excerpt is from Lee v. Civil Demand Assocs., Inc., G051868 (Cal. App. 2016):
We grant the motion for judicial notice but deny the motion to dismiss. "'An appellate court has the inherent power, under the "disentitlement doctrine," to dismiss an appeal by a party that refuses to comply with a lower court order. [Citations.]'" (Blumberg v. Minthorne (2015) 233 Cal.App.4th 1384, 1390.) Dismissal based on the disentitlement doctrine is an equitable remedy subject to our discretion.
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