Cataldo

This is an appeal from an order of the trial court granting plaintiff (respondent herein) its motion for summary judgment against defendants (appellants herein) because of the defendants’ failure to appear at properly noticed pretrial deposition discovery proceedings.

The issues before this court relate (1) to the timeliness of the filing of the notice of appeal, and therefore to this court’s jurisdiction in the matter, and (2) to the propriety of the trial court’s order striking appellants’ answer and entering default judgment for respondent because of appellants’ willful failure to appear for deposition.

We find that appellants’ notice of appeal was not filed timely. This court is, therefore, without jurisdiction in the matter and the appeal must be dismissed.

Appellants are husband and wife. Judgment in an earlier action had been entered in favor of respondent and against appellant husband (hereafter Thomas). Subsequent thereto, Thomas attempted to convey his interest in certain real property to his wife (hereafter Kay), coappellant, by quitclaim deed. This action was then initiated by respondent, alleging a fraudulent conveyance of real property and seeking to have…