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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?

To: Jeffrey S. Mitchell who wrote (5929)	5/12/2004 2:45:36 PM
From: dantecristo	Read Replies (1) \| Respond to of 12465

[VAR & VSEA] Appellants' Reply Brief filed 05/12/04 VARIAN MEDICAL SYSTEMS v. DELFINO California Supreme Court Case Number S121400 "A single, narrow issue is before this court: whether an anti-SLAPP appeal stays trial. The issue is jurisdictional. If there is an appellate stay, then the trial court lacks subject matter jurisdiction during the pendency of the appeal. If trial goes forth during the appeal, the judgment on the verdict is void and reversible per se. Varian’s Answer Brief On the Merits (ABOM) disputes none of this, tacitly conceding that, if there is an appellate stay, the trial and appellate court judgments in the present case must be reversed. Varian’s only argument is that there is not an appellate stay – specifically, that (1) there is no rule of stay to prevent mootness, and (2) there is no stay here because an anti-SLAPP order should be deemed collateral by virtue of its appealability. On both these points, Varian is wrong." geocities.com