Carpenters 46 Northern California Counties Conference Board v. David D. Bohannon Organization

On June 9, 1976, appellant union filed a petition in the San Francisco Superior Court to confirm an arbitration award which had been rendered in a dispute between the union and the respondent employer. On September 16, 1976, the court signed a minute order denying the union’s petition and thereafter, on February 23, 1977, it filed findings of fact and conclusions of law, concluding with an order that the union’s petition be dismissed and that the respondent recover its costs of suit. Some 19 months later, in September of 1978, the union submitted to the court a proposed “Judgment” denying confirmation of the award, and the judgment was signed and filed on September 18, 1978. Thereafter, on October 19, 1978, the union filed notice of appeal.

Respondent contends that the notice of appeal was untimely filed and we agree, Under rule 2(a) of the California Rules of Court, notice of appeal must be filed within specified time periods, but in any event no later than 180 days “after the date of entry of the judgment.” “Judgment” is defined in rule 40(g) to include “any judgment, order or decree from which an appeal lies.” An order dismissing a petition to confirm an arbitration…