Rolen

Rolen v. Rhine

Good Law
117 Cal. App. 3d 23·172 Cal. Rptr. 456·1981 Cal. App. LEXIS 1489
Court of Appeal of CaliforniaMarch 18, 1981Civ. 20058California831 words

Opinion

Opinion

Paras, J.

Plaintiff James Rolen, respondent and cross-appellant herein, moves to dismiss the appeal of defendants, Robert Rhine and Virginia Rhine, on the ground that their notice of appeal was untimely.

The judgment was entered on June 25, 1980. On July 7, plaintiff filed a notice of intention to move to vacate the judgment under Code of Civil Procedure section 663. The notice was served upon defendants, and included a notice of entry of judgment. Thereafter, on August 6, plaintiff filed a notice of withdrawal of the motion. Also on August 6 the court served on all counsel its own notice of entry of judgment. Defendants’ notice of appeal was filed September 26, and on October 8, 1980, plaintiff filed notice of cross-appeal.

The normal time for filing a notice of appeal is fixed by California Rules of Court, rule 2, as “within 60 days after the date of mailing notice of entry of judgment by the clerk of the court ... or within 60 days after the date of service of written notice of entry of judgment by any party upon the party filing the notice of appeal, or within 180 days after the date of entry of the judgment, whichever is earliest, unless the time is extended as provided in…

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