Richter

Plaintiff, Maxine R. Richter, has moved to dismiss the January 16, 2002, protective cross-appeal of defendants, Aetna Life *1145 Insurance and Annuity Company and Mutual of Omaha. The resolution of the dismissal motion is controlled by new rule 3(e)(2) of the California Rules of Court, which was effective January 1, 2002. We deny the dismissal motion.

On November 1, 2001, plaintiff filed a notice of appeal from portions of the September 4, 2001, judgment. Neither side was entirely satisfied with the September 4, 2001, judgment. On November 19, 2001, upon the motion of defendants, the trial court entered a new and different judgment pursuant Code of Civil Procedure section 664. The November 19, 2001, new and different judgment was in favor of defendants. On December 27, 2001, plaintiff filed a notice of appeal from the November 19, 2001, new and different judgment. On December 28, 2001, the superior court clerk notified defendants by mail that plaintiff had filed the December 27, 2001, notice of appeal from the November 19, 2001, new and different judgment. On January 16, 2002, defendants filed a notice of cross-appeal from the portions of the original September 4, 2001,…