Florence
Florence v. Castell CA4/2
Opinion
Opinion
I.
INTRODUCTION
Plaintiff and appellant, Mari Florence obtained a default judgment against,
defendants and respondents, Douglas and Joan Castell. The Castells successfully moved
to vacate the judgment as void. Florence sought reconsideration of the trial court’s order
1 vacating the judgment, which the trial court denied. Florence purports to appeal from
that order. But because Florence’s appeal was untimely, we dismiss the appeal for lack
of jurisdiction.
II.
FACTUAL AND PROCEDURAL BACKGROUND
Florence filed this case against the Castells in July 2019 over a dispute about a
property in Yucca Valley. (The specifics of the dispute are not relevant to the issues on
appeal.) On September 3, 2019, Florence requested entry of default against the Castells
because they did not answer her complaint.
Just over a week later, however, the Castells filed for bankruptcy. In that action,
the Castells sought a discharge of, among other things, any debt arising from Florence’s
“[d]isputed” “[p]otential [c]laim.” The Castells noted in their bankruptcy petition that
they were parties to Florence’s lawsuit, which was pending at the time, and thus
identified her as a creditor with an…