Chase
Chase v. Glynn
Opinion
Lead Opinion
Plaintiff has made a motion to dismiss defendant’s appeal upon the ground that the notice of appeal was untimely.
The following facts appear: judgment was entered March 30, 1973, and notice of entry of judgment was mailed to counsel the same day.
There was a motion for new trial, which was denied by a minute order filed May 15, 1973. Notice of entry of this order was mailed by the clerk the same day. The clerk’s certificate which accompanied the motion to dismiss states simply that “said motion was denied May 15, 1973.” We have examined the minute order in the superior court file. The only date it bears is May 15, 1973. There is no separate statement on the order as to the date of its entry as called for in Code of Civil Procedure section 660.
The clerk’s certificate which accompanied the motion to dismiss, with the notice mailed by the clerk on May 15, are sufficient proof *31 that May 15 was the effective date of the court’s ruling within the meaning of section 660, Code of Civil Procedure.
Notice of appeal was filed June 15, 1973. This notice was more than 60 days after notice of entry of judgment and 31 days after entry of the order denying the motion for a…