Glaze

Glaze v. Visalia Improvement Ass'n

Good Law
1 Cal. Rptr. 200·176 Cal. App. 2d 288·1959 Cal. App. LEXIS 1482
Court of Appeal of CaliforniaDecember 16, 1959Civ. No. 6069California502 words

Opinion

Lead Opinion

This is a motion to dismiss an appeal on the ground that the notice of appeal was not filed within 60 days after entry of an order dismissing the action. On August 6, 1958, plaintiffs Thomas H. Glaze, et al., filed an action in the Superior Court in Tulare County against the Visalia Improvement Association, et al., for an accounting, removal of trustee and other relief.

The records of the county clerk of Tulare County show that the following order was made on April 15, 1959, and entered in the minutes of the superior court:

The register of actions kept by the county clerk contains the following entry: “April 15, 1959—Motion to dismiss granted, Book 51, page 129.” The records of the county clerk also show that a judgment, of dismissal in said action was filed on April 20,1959, and entered on April 21,1959; that an order amending the judgment of dismissal by adding the name of another defendant and ordering that defendants recover costs was filed April 22, 1959, and entered April 23, 1959; that no notice of intention to move for a new trial was filed and that notice of *290 appeal was filed by the attorney for plaintiffs and appellants on June 18,1959.

Plaintiffs in their notice…

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