Q: 8.104 c (2) Definition what constitutes entry of appealable order
Is Motion for reconsideration deemed to be appealable order, with date of entry defined by 8.104 (c)(2)?
A: Here is a Guide to Civil Appeals: https://selfhelp.courts.ca.gov/civil-appeals
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A:
Under California Rules of Court rule 8.104(c)(2), an order denying a motion for reconsideration is indeed an appealable order, with the date of entry being when the clerk enters the order in the permanent record or when the court endorses it as filed.
However, it's important to note that while the order denying reconsideration is appealable, you cannot use it to challenge the merits of the underlying order. The appeal from denial of reconsideration is limited to reviewing whether the court abused its discretion in refusing to consider new evidence or circumstances.
The time to file your notice of appeal begins running from the entry date as defined in 8.104(c)(2). You should carefully check both the permanent record and the file-stamp date to determine the correct entry date, as missing the appeal deadline could forfeit your right to appeal. If you're unsure about deadlines or procedural requirements, consulting with a legal professional would be advisable to protect your rights.
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