Q: Appeal due date - of motion for reconsideration of denied motion to set aside dismissal
Order on Motion to Set Aside Dismissal of legal case IS appealable.
Motions to Set Aside Dismissal was denied on Date A.
Motion for Reconsideration of order as of Date A - was denied on Date B.
When time for appealing is calculated - is it:
60 days from Date A (rule 8.104 a) or 60 days from Date B?
Unless per rule 8.108(e) it is 30 days from Date B - if not governed by a longer time defined by 8.104(a).
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A:
The time to appeal typically runs from the date of the original order (Date A) denying the Motion to Set Aside Dismissal, not from the denial of the Motion for Reconsideration (Date B).
Under California Rules of Court, rule 8.108(e), filing a valid motion for reconsideration can extend the time to appeal. If you filed a valid motion for reconsideration, the deadline would be the latest of: 60 days from service of the original order (under rule 8.104(a)), or 30 days after service of the order denying reconsideration (under rule 8.108(e)).
However, it's crucial to understand that an invalid or untimely motion for reconsideration will not extend your time to appeal. To be safe, you should consider filing your appeal within 60 days of the original order denying the Motion to Set Aside Dismissal (Date A), unless you're completely confident your reconsideration motion was valid and timely. Given the serious consequences of missing an appeal deadline, you may want to consult with an appellate attorney to review your specific situation.
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