HUENS v. TATUM

Docket No. C021900.

52 Cal.App.4th 259 (1997)

JENNIE LORRAINE HUENS et al., Plaintiffs and Appellants, v. CYNTHIA KAY TATUM et al., Defendants and Respondents.

Court of Appeals of California, Third District.

January 27, 1997.


Attorney(s) appearing for the Case

COUNSEL

Thomas A. Ambrose for Plaintiffs and Appellants.

Mason & Thomas and Patrick J. Hehir for Defendants and Respondents.


OPINION

DAVIS, J.

In this case we hold that the 1992 amendment to Code of Civil Procedure section 473 (further unspecified statutory references are to this code), which provides for mandatory relief from "dismissal" resulting from attorney mistake, neglect or inadvertence, does not apply to a voluntary dismissal entered pursuant to a settlement agreement.

Plaintiff Jennie Lorraine Huens appeals from an order denying her section...

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