Emmerson

BACKGROUND

Emmerson and Regis were never married but share a child in common. On March 24, 2009, the trial court entered a judgment that, among other things, awarded $450,000 to Regis for the loss of his relationship with his child due to Emmerson’s abduction of their daughter and subsequent eight-year period of withholding contact

1 between their daughter and Regis. On April 3, 2009, notice of entry of judgment was served. On August 1, 2009, rather than appealing the judgment, Emmerson declared bankruptcy. On June 28, 2011, the bankruptcy court determined the $450,000 award to Regis to be nondischargeable. On May 31, 2012, this court summarily denied Emmerson’s petition for writ of mandate. (Emmerson v. Superior Court (C071035, May 31, 2012) [nonpub. order].) On June 21, 2012, Emmerson filed a motion to vacate the judgment. On August 27, 2012, the trial court denied the motion to vacate the judgment. On October 11, 2012, Emmerson appealed the order denying her motion to vacate.

EMMERSON’S NOTICE OF APPEAL WAS NOT TIMELY FILED

As the California Supreme Court has explained, “The time for appealing a judgment is jurisdictional; once the deadline expires, the appellate court has…