Appellate Practice
Jul. 4, 2002
In Some Cases, Appeal Will Lie From an Order, Not a Judgment
Focus Column - By Paul D. Fogel and Benjamin G. Shatz - For some time now, the Courts of Appeal have admonished litigants that an appeal lies only from a judgment and not from the order that gave rise to it. For example, in Modica v. Merin, 234 Cal.App.3d 1072 (1991), the court dismissed an appeal taken from an order granting summary judgment, expressing exasperation with the bar for failing to comprehend the distinction between a nonappealable order and an appealable judgment.
Paul D. Fogel
Judge (retired), Reed Smith LLP
Appellate Law
101 2nd St Ste 1800
San Francisco , CA 94105
Phone: (415) 659-5929
Fax: (415) 391-8269
Email: pfogel@reedsmith.com
UCLA SOL; Los Angeles CA
Paul D. Fogel is a partner in Reed Smith LLP's Appellate Group, and served as the group's leader from 2012 to 2015
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.
For some time now, the Courts of Appeal have admonished litigants that an appeal lies only from a judgment and not from the order that gave rise to it. For example, in Modica v. Merin, 234 Cal.App.3d 1072 (1991), the court dismissed an appeal taken from an order granting summary judgment, expressing exasperation with the bar for failing to comprehend the distinction between a nonappealable order and an appealable judgment. See also Shpiller v. Harry C's Redlands, 13 Cal.App.4...
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