Does the dismissal of an appeal by the Court of Appeal constitute an affirmance of the judgment?
California, United States of America
The following excerpt is from Lemat Corp. v. Barry, 275 Cal.App.2d 671, 80 Cal.Rptr. 240 (Cal. App. 1969):
10 The dismissal of an appeal is in effect an affirmance of the judgment (Code Civ.Proc. 955). This is the proper disposition of the preliminary injunction here as in affirming the permanent injunction, the merits of the case have been reached (cf. Paul v. Milk Depots, Inc., supra).
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