BROWN, J.
This is an appeal from an order of the Superior Court dismissing appellant's cross-complaint, said order being entered on motion of respondents pursuant to section 583 of the Code of Civil Procedure, a portion of which section reads as follows:
"When, in any action after judgment, a motion for a new trial has been made and a new trial granted, such action shall be dismissed on motion of defendant after due notice to plaintiff, or by the court of...
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