Morton
Morton v. Wagner
Opinion
Opinion
Rushing, J.
The trial court issued an injunction pursuant to Code of Civil Procedure section 527.6, prohibiting appellant, Walter L. Wagner, from harassing respondent, Gail Morton. Appellant did not appeal that order. Instead, appellant filed a motion for reconsideration, which the trial court later denied by an order consisting of two parts. In one part, the court denied the motion to reconsider. In the other part of the order, the court designated appellant a vexatious litigant. Appellant now appeals from both portions of the order. While the appeal was pending, this court requested that appellant show cause as to why his appeal should not be dismissed as not timely filed. After the parties submitted letter briefs, the court ordered this issue considered with the substantive appeal after full record preparation and briefing. As an order denying a motion for reconsideration is not an appealable order, we will dismiss the appeal from that portion of the trial court’s order. We consider the appeal from that portion of the order designating appellant a vexatious litigant and reverse that order.