Cowee

A hearing was granted in this ease because at the time the.order of transfer was made there was pending in this court, and undetermined, the case of Goetz v. Superior Court, L. A. 24768 which involved a similar problem. The appeal in that case has since been determined and the judgment therein has become final. ( 49 Cal.2d 784 [ 322 P.2d 217 ].) The decision of the District Court of Appeal of the Third Appellate District is in conformity with the opinion and decision of this court in the Goetz case. The opinion of the District Court of Appeal, authored by Warne, Justice pro tempore, and concurred in by Presiding Justice Van Dyke and Justice Schottky is adopted as the opinion of this court. It is as follows:

“ Valid service of notice of entry of judgment is necessary to start the time running within which a trial court may pass upon a motion for a new trial (Gross v. Hazeltine, 206 Cal. 130 [ 273 P. 550 ] ; Code Civ. Proc., § 660), but it is not necessary to start the time running within which an appeal may be taken. (Lawson v. Guild, 215 Cal. 378 [ 10 P.2d 459 ].)

“ The rules on appeal automatically limit the time within which an appeal may be taken, although this limitation may…