Appellate Practice
Nov. 6, 2007
Timing Appeals
Focus Column - By Benjamin G. Shatz - Understanding one small section of California's Code of Civil Procedure can make the difference between a successful appeal and unexpectedly getting shut out of court.
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
California law is clear that, "[i]f a notice of appeal is filed late, the reviewing court must dismiss the appeal." California Rules of Court 8.104(b). This means litigators must understand when the time to file a notice of appeal - usually 60 days after notice of entry of the judgment or appealable order (Rule 8.104(a)) - begins to run. An awareness of Code of Civil Procedure Section 581d may be critical to ensuring a timely appeal.
Defining Dismissal
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