Howard

Plaintiff Mort Howard (Howard) filed an appeal from a judgment of declaratory relief respecting a written contract and from an order denying his motion to vacate the judgment. Defendants Terry Lufkin and James Howard (collectively referred to as Lufkin) moved to dismiss Howard’s appeal, contending that the notice of appeal from the judgment was not timely filed and that no appeal lies from the order denying the motion to vacate the judgment. We have determined that while Howard’s appeal from the judgment must be dismissed for untimely filing, his appeal from the order denying the motion to vacate the judgment still lies.

Discussion

Judgment was entered on February 5, 1987, and on July 28, 1987, Howard filed a motion for new trial and a motion to vacate the judgment. Both motions were denied on September 2, 1987, and Howard’s notice of appeal was filed September 10, 1987.

Appeal from the judgment

There is no question that Howard filed an untimely appeal from the judgment. Rule 2(a) of the California Rules of Court, governing the timely filing of notices of appeal, provides in part: “[A] notice of appeal shall be filed within 60 days after the date of mailing notice of…