Appealing denied motion for reconsideration. Due date to appeal calculation. Follow -up

Question

Correct. 30 days from entry of appealable order. And appealable order was motion to set aside dismissal. 
What could impact date - if served orders did NOT represent entry of judgement. 
Did orders denying motion to set aside and motion for reconsideration constitute entry of judgement?

James L. Arrasmith · Answer

The timing of your appeal depends critically on whether those orders constitute an entry of judgment, so let's break this down. 
 
In California, orders denying motions to set aside dismissal and motions for reconsideration typically become appealable only when they're entered as formal orders in the court's record. If you received served copies of the orders but they weren't formally entered into the court's record, your 30-day appeal window may not have started running yet. You should check with the court clerk to confirm the actual entry date. 
 
The key distinction here is between service of the orders and their formal entry - they're not always the same date. Additionally, if the underlying dismissal wasn't properly entered as a judgment, that could affect the appealability of subsequent orders. Your safest approach would be to obtain copies of the court's register of actions or docket entries to verify the exact dates these orders were formally entered, then calculate your deadline from the most recent entry date. If you're unsure about the entry dates, you may want to consult with appellate counsel to avoid missing critical deadlines.

Q: Appealing denied motion for reconsideration. Due date to appeal calculation. Follow -up