Hohn

This is an arbitration proceeding which was commenced on December 8, 1961. An award was made in favor of petitioner-respondent Jacqueline Hohn on April 29, 1963. Motion to confirm the award was granted on June 17, 1963. Judgment thereon was rendered on September 4, 1963. On August 15, 1963, several weeks before the judgment was filed, Andrew V. Hohn filed notice of appeal “from that Order confirming award of Arbitrators. ’ ’ No notice of appeal from the judgment eo nomine was ever filed and, the notice of August 15, 1963 having been filed before any judgment was rendered, it could not fairly be construed upon its face as a reference to anything other than the award. Indeed, appellants’ opening brief says: “It is from this Order Con firming Award of Arbitrators that appellant appeals in this matter."

This court said in Hyatt v. Eckel Valve Co., 169 Cal. App.2d 35, 39 [ 336 P.2d 551 ], that “if a judgment has been entered upon an order confirming the award, there is no appeal from the order hut only from the judgment." This decision was rendered in March 1959. The Legislature made this rule clear in 1961 with respect to future proceedings.

Prior to enactment of a 1961 revision of…