Patricia Smallwood, as Personal Representative of the Estate of John L. Smallwood, Appellant v. Central Peninsula…

Summary

The court held that the superior court lacked jurisdiction to dismiss the action based on Smallwood's death while the appeal was pending. It also held that Smallwood did not abandon his balance-billing claim because he obtained the injunction he sought and did not contest the hospital's compliance. The court vacated the dismissal, reversed the abandonment ruling, and remanded for entry of judgment and determination of attorney's fees.