Supreme Court modifies appealability opinion

The Supreme Court yesterday on its own motion modified its opinion in Kurwa v. Kislinger.  The court in Kurwa had determined that a pending cross-complaint precluded appellate jurisdiction of a case.  However, the opinion also included some language that was potentially precedentially problematic, or at least that’s what an amicus curiae letter from appellate attorney Jon Eisenberg said.  [Disclosures:  Jon Eisenberg is of counsel to Horvitz & Levy, and I contributed to the letter.]  The court’s modification responds to the letter.