Austin v. Valverde

In Austin v. Valverde (2012) 211 Cal.App.4th 546, a driver sought mandamus after the Department of Motor Vehicles (DMV) suspended his license due to a finding that he had driven while intoxicated. (Austin, supra, 211 Cal.App.4th at pp. 548-549.) When the trial court declined to afford the driver a copy of the DMV administrative record without the payment the court deemed to be due, he requested the voluntary dismissal of his petition with prejudice in order to expedite appellate review of that ruling. (Id. at pp. 549-555.) The court granted the request. (Ibid.) The appellate court concluded that the order of dismissal fell within the exception stated above, and was thus appealable. (Id. at pp. 550-552.)