Nesbitt

This matter is before us on a motion by defendant and respondent Wibbelsman to dismiss the appeal in this action for lack of jurisdiction in this court because of failure timely to file a notice of appeal.

Pursuant to the request of defendant and appellant Nesbitt (rule 41(b), Cal. Rules of Court) we placed the motion to dismiss on calendar for hearing because (a) the motion was potentially dispositive of the appeal, and (b) resolving the different interpretations of precedent by the parties might be aided by oral argument.

Summary of the Case

The essential question framed by the motion to dismiss appeal and opposition thereto is: Did the order and act of the court determining and allocating costs and allowable attorney fees by cost bill procedure after entry of judgment render that judgment interlocutory and not appealable? We rule that it did not; the judgment was final and appealable when entered, on March 19, 1990.

The notice of appeal filed July 23, 1990, stated that it was “from ... the judgment entered on March 19, 1990 ... as modified by the Orders of this Court [taxing and allocating costs] entered on July 23, 1990.” On August 13, 1990, there was filed a…