Quinones-Quintana

This is an action in eminent domain.

After a jury trial, judgment was entered in September 1963 awarding defendants $160 for the property taken and $2,500 severance damages. The People moved for a new trial. On October 3, 1963, the court ruled on the motion by signing and filing the following order:

(Italics added.)

*787 Defendants received a copy of this order by mail from the clerk on October 4. On October 10 plaintiff mailed defendants a notice of the order of October 3, quoting it in full. On October 21 defendants filed their consent to a reduction of the severance damages to $1,500. Plaintiff filed a memorandum for setting and the case was set for trial in April 1964. Defendants, however, made a motion to prevent further trial of the action. Their motion was granted on December 13, 1963. It is from this order that plaintiff has appealed.

The question here presented is: Did the time to file a consent to a reduction of the judgment expire at the end of 10 days after the order of October 3 was signed and filed ! We are of the opinion this question must be answered in the affirmative.

First, we examine the language of the order. It is clear and specific. It states that “if…