Oruta v. Biomat USA, Inc.

Court dismissed Defendant with prejudice from underlying case, and 2 1/2 years later, pro se Plaintiff filed motion with trial court seeking to file service of summons against that Defendant. Court denied Plaintiff's motion, noting that Defendant had been previously dismissed with prejudice; and on same day, Plaintiff filed a notice of appeal. Trial court's order denying motion was not appealable, and appellate court lacks jurisdiction. Appeals filed present sufficiently egregious circumstances warranting sanctions against Plaintiff.Order to show cause as to sanctions entered. (REYES, concurring; LAMPKIN, specially concurring.)