Vanyek

Raymond H. Vanyek appeals from an order of the trial court made October 24, 1969, dismissing his action for damages against respondent and defendant Edward C. Heard under the mandatory dismissal provisions of Code of Civil Procedure section 583.

The plaintiff also purports to appeal from a minute order of the trial court made July 25, 1967, setting aside the default and default judgment rendered against defendant Edward C. Heard in this action. This is included in the notice of appeal from the order of dismissal, which notice was filed December 26, 1969. This purported appeal must be dismissed because it was not timely filed (rule 2(b) (2), Cal. Rules of Court) and this court has no jurisdiction. (Deward v. La Rue, 235 Cal.App.2d 59 [ 44 Cal.Rptr. 886 ].)

Plaintiff filed his action in superior court on March 4, 1964, and on the same date Heard, a Nevada resident, was personally served in Los Angeles County. No responsive pleadings were filed by Heard and, on or about January 28, 1966, plaintiff obtained a default entry by the clerk. On January 31, 1967, a default judgment was entered against Heard. On July 14, 1967, Heard made a motion to have the default and default…