Q: is it - Notice of entry of judgement?
Is date when motion to vacate dismissal was denied, and order served by clerk, is considered the entry date of appealable order? Is it the same as Notice of Entry of Judgement?
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A:
In California civil procedure, the date when a motion to vacate dismissal is denied and the clerk serves the order typically marks the entry date of the appealable order. This starts the clock for filing an appeal.
However, this is distinct from a Notice of Entry of Judgment. While both documents serve to notify parties of important court actions, they have different purposes and timing implications. The Notice of Entry of Judgment specifically relates to final judgments, while the order denying a motion to vacate dismissal is considered an appealable order.
For appeal timeline purposes, you should carefully note the date shown on the clerk's service of the denial order. From this date, you generally have 60 days to file your notice of appeal if the clerk or another party serves the order. Keep in mind that missing these deadlines can permanently affect your right to appeal, so tracking these dates precisely is crucial. If you're unsure about specific deadlines in your case, consulting with a legal professional would be wise.
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