Ellis

Ellis v. Ellis CA2/4

Good Law
185 Cal. Rptr. 3d 587·2015 Cal. App. LEXIS 282·235 Cal. App. 4th 837
Court of Appeal of CaliforniaMarch 4, 2015B248860California3,488 words

Opinion

Opinion

Collins, J.

INTRODUCTION

Respondent Robert T. Ellis filed a petition to dissolve his marriage to appellant Isabel M. Ellis on May 27, 2009. Following a court trial on the dissolution, the court entered judgment on March 11, 2013. A second judgment was entered on March 18, 2013; it made handwritten changes to a single paragraph of the original. Then, on May 15, 2013, the court issued an order directing the clerk to make additional modifications to the judgment. On May 17, 2013, Isabel filed her notice of appeal, listing and attaching only the second, March 18, 2013 judgment. Robert contends that Isabel’s time to appeal runs from the original judgment entered on March 11, 2013, and her appeal is therefore untimely. We agree and dismiss the appeal.

FACTUAL AND PROCEDURAL HISTORY

We relate herein only the background information necessary to resolve the timeliness issue presented. The parties were married on June 19, 1999. Robert filed a petition to dissolve the marriage on May 27, 2009. Following a six-day court trial conducted between September 2011 and June 2012, the court issued a tentative statement of decision on November 28, 2012. Therein, the court ordered Robert to prepare and…

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