Edwards

Pending here are appeals by opposing parties arising out of the same superior court action. Each side has moved to dismiss the other’s appeal. These motions require us to decide (a) the timeliness of defendant’s appeal from a postjudgment order denying attorney fees under Civil Code section 1717 and (b) the applicability of rule 3(c), California Rules of Court, to plaintiff’s subsequent appeal from the judgment.

We have concluded that defendant has taken a timely appeal from a postjudgment order, and that rule 3(c) did not reopen plaintiff’s time for appealing from the judgment.

To confirm our understanding of the facts, as stated in the motions, we have examined the superior court file, of which we take judicial notice.

Commercial and Farmers National Bank (hereinafter Bank) brought an action on a promissory note against Robin A. Edwards, who cross-complained against Bank and Joe Wrennall for damages on a theory of conversion. After a jury trial, a verdict was rendered and judgment entered on July 28, 1978, on the complaint in favor of defendant and against Bank; and on the cross-complaint Edwards was awarded $532.60. Notice of entry of this judgment was mailed by the…