California Court of Appeal

In a medial malpractice action, defendant's motion to dismiss the appeal is denied as, where a party files a valid motion for new trial, and the trial court issues a timely order denying that motion but no one serves the order or notice of entry of that order, then the applicable deadline for filing the notice of appeal from the judgment is 180 days after entry of judgment.

Appellate Information

• Decided 02/11/2010
• Published 02/11/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Schultz and Associates and Robert Schultz for Plaintiffs and Appellants.


• For Appellees:
  
• Carroll, Kelly, Trotter, Franzen & McKenna, Robert L. McKenna, David P. Pruett and Maria E. Pappas for Defendant and Respondent.