Sharp

Plaintiff has appealed from the summary judgment entered in favor of defendant ordering that plaintiff take nothing by his first amended complaint. This complaint sought damages for personal injuries sustained in a diving accident. Plaintiff alleged defendant engaged in willful misconduct by failing to guard or warn against a dangerous condition presented by a railroad trestle which spanned an irrigation canal and was therefore liable for plaintiff’s injuries.

We do not reach the merits of the case but dismiss the appeal because plaintiff’s notice of appeal was not timely filed.

Procedural Background

By minute order dated September 11, 1990, the trial court granted defendant’s motion for summary judgment. A formal “Order for Entry of Summary Judgment” was signed by the Honorable Hugh Rose III on October 4, 1990, and filed on October 5, 1990. “Judgment By Court Order Under CCP § 437c” was signed by Judge Rose on October 4, 1990, and filed on October 5, 1990. On October 15, 1990, file-stamped copies of the filed order and judgment were served by mail on plaintiff’s counsel and counsel for codefendant Turlock Irrigation District. Plaintiff’s notice of appeal was filed on…