CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Attack on Judgments/Orders
.........Time to Appeal
6 Cards On This Topic:
  • Statutory time to appeal.
  • For purposes of calculating time to appeal, an order is not “filed” unless it is filed in a public place where its presence is capable of being known.
  • E-mail notice of judgment did not amount to service of either notice of entry or file-stamped copy of judgment—notice of appeal was timely filed w/in 60 days of clerk's snail mailing of notice of entry.
  • Role of Paralegals; District ct. did not abuse discretion in extending D's time to appeal for excusable neglect where D relied on paralegal who missed filing deadline.
  • Post-trial deadlines may be triggered either by clerk’s mailing a Notice of Entry or one party’s serving the other with an endorsed-filed copy; filing of proof of service not required.
  • H's appeal timely where time to file notice of appeal ran after entry of formal Findings and Order After Hearing even though initial ruling was 18 mos prior to filing appeal.