Simmons

The principal issue presented by this appeal is whether Code of Civil Procedure section 632 as amended, grants a party the right to findings of fact on an order made after the granting or denial of a motion.

*835 This appeal is from an order made on November 13, 1973, denying appellant’s motion to vacate a previous order 1 (of Sept. 11, 1973), modifying spousal support and for attorneys’ fees. The appellant’s motion was to vacate the order of September 11 and to require the filing of findings of fact and conclusions of law which through inadvertence appellant had not requested.

I

Respondent initially argues that the order denying appellant’s motion to vacate the judgment is not appealable. He bases this argument on Mather v. Mather, 22 Cal.2d 713 [ 140 P.2d 808 ], There, in dismissing that part of an appeal from an order denying a motion to set aside the judgment, the court held: “As to the order denying the motion to vacate the judgment, under the settled law of this state an appeal will not lie from such order if the grounds upon which the moving party sought to have the judgment vacated existed before the entry of the judgment and were available on appeal…