California Court of Appeal
Conservatorship of the Person & Estate of Townsend, B247366
In this dispute over title to real property, petitioner-lender (Lender) attempts to appeal from a judgment in favor of petitioner-conservator (Conservator). Dismissal of the appeal is affirmed, where: 1) Lender's notice of appeal was not filed within 60 days after service of notice of entry of judgment, as per Cal. Rules of Court, rule 8.104(a)(1)(B); 2) submitting the motion to vacate to a temporary judge, as here, is not a valid motion because it does not comply with the Code of Civil Procedure and Rules of Court, which require that the motion be filed with the superior court clerk; and 3) because the time to appeal was not extended, this appeal is untimely.
Appellate Information
- Decided 11/17/2014
- Published 11/17/2014
Judges
- Aldrich
Court
- California Court of Appeal