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Appellate Practice

Nov. 21, 2008

Time Trials

Careful practitioners should calculate appellate deadlines arising from all possible scenarios or interpretations and file at the earliest opportunity, writes Benjamin G. Shatz. - Focus Column

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.

The California Court of Appeal, Third Appellate District, published an important recent case of appellate procedure titled Payne v. Rader at the start of this month to emphasize two crucial and useful appellate practice pointers for practitioners. Payne's "pain" is that the court dismissed his appeal as untimely. Understanding why that happened requires discussion of two issues, one pedestrian and another a bit more intriguing.

Payne's first point is a hoary bromi...

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