Medak

Two separate appeals have been brought by defendants Kris E. Cox and LeRoy B. Poulin (James T. Carman has not appealed) from two purported judgments in superior court case No. SOC 15732.

2D Civ. No. 35540

This appeal was taken from a judgment entered on February 19, 1969, following a trial by the court. After a motion for new trial had been made, the court entered the following order on April 17, 1969:

The amended findings and judgment were filed on July 23, 1969, and by court order the findings filed on February 14, 1969, and judgment entered on February 19, 1969, were vacated. A new judgment was entered on July 24, 1969. Another notice of appeal was filed on September 18, 1969 (2d Civ. No. 36118).

Although there is no explicit statement to the effect, it is clear that the trial court was proceeding under the authority granted it under Code of Civil Procedure section 662 (see Warren Southwest, Inc. v. Wicks (1969) 276 Cal.App.2d 152, 155 [ 80 Cal.Rptr. 723 ]; Gardner v. Rich Mfg. Co. (1945) 68 Cal.App.2d 725, 738-739 [ 158 P.2d 23 ]).

The proper procedure is for the trial court to deny the motion for new trial and grant the alternative relief stated under Code of Civil…