Marriage of Harper and Brown CA1/5

Good Law
Court of Appeal of CaliforniaJanuary 24, 2025A169459California650 words

Opinion

Opinion

Discussion We independently review questions of our own jurisdiction. (Walker v. Superior Court (1991) 53 Cal.3d 257, 267.) “A reviewing court has jurisdiction over a direct appeal only when there is (1) an appealable order or (2) an appealable judgment.” (Griset v. Fair Political Practices Com. (2001) 25 Cal.4th 688, 696.) A superior court’s order is appealable when a statute makes it so. (Ibid.; see Code Civ. Proc., §§ 901, 904, 904.1; Fam. Code, § 210.) Consequently, an appeal of an order that is not appealable must be dismissed. (In re Marriage of Deal (2022) 80 Cal.App.5th 71, 77–78.) It is the notice of appeal that defines the scope of the appeal by identifying the order being appealed. (Cal. Rules of Court, rule 8.100(a)(2); In re Marriage of Deal (2020) 45 Cal.App.5th 613, 617–618, fn. 6; Soldate v. Fidelity National Financial, Inc. (1998) 62 Cal.App.4th 1069, 1073.) “Care must be taken in drafting the notice of appeal” because a reviewing court generally “[does not have] jurisdiction over an order not mentioned in the notice of appeal.” (Morton v. Wagner (2007) 156 Cal.App.4th 963, 967; Faunce v. Cate (2013) 222 Cal.App.4th 166, 170.) Here, dismissal is mandatory on this…

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