LEZAMA-CARINO
LEZAMA-CARINO v. Miller
Opinion
Opinion
Rushing, J.
Appellant, Craig Miller, appeals from an order entered in a child custody action awarding respondent Maria Elena R. Lezama-Carino sole legal and physical custody of their minor child. Thereafter appellant filed a motion for new trial, a request to modify the custody order and a motion for reconsideration. After the trial court denied these motions, appellant filed a notice of appeal. While the appeal was pending, respondent filed a motion in this court to dismiss the appeal as untimely. Finding that the appeal from the custody order was timely filed pursuant to rule 8.104 of the California Rules of Court, we deny the motion to dismiss the appeal.
Factual and Procedural Background
Appellant filed a notice of appeal on April 5, 2006, appealing from an order or judgment under Code of Civil Procedure section 904.1, subdivision (a)(3)-(13). The relevant sequence of events is as follows.
February 2, 2006: The trial court issues its custody order. Clerk of the court mails a copy of the order on the parties.
March 2, 2006: Appellant files a motion for new trial, for reconsideration and to modify, setting the hearing for April 10, 2006.