California Court of Appeal

In marital dissolution proceedings, husband's motion to dismiss the wife's notice of appeal as untimely is denied as, although a judgment or an appealable order is presumptively filed on the filed-stamped date, the presumption may be rebutted by evidence that the order was not accessible to the public in either paper or electronic form, and was not sealed by court order or made confidential by law, and here, the wife has rebutted the presumption regarding the date of filing.

Appellate Information

• Decided 12/10/2010
• Published 12/10/2010

Judges

• Rylaarsdam

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dawn E. Mosley, Mark S. Ashworth