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, and member of the California and American Academies of Appellate Lawyers, in Manatt'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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