Q: Will due date to appeal start counting from entry of judgement? Unless final judgement entry is equal to served order.
Many orders can only be reviewed on appeal from the final judgment.
If appealable order denying motion to vacate judgement was served (as minute order),
but there was no final judgement - is this order appealable?
Will due date to appeal start counting from entry of judgement? Unless entry of final judgement is equivalent to serving order denying motion to vacate.
A:
In California, the timeframe for filing an appeal typically begins when the final judgment is entered and served, not from earlier orders like the denial of a motion to vacate judgment.
If you only received a minute order denying your motion to vacate, but no final judgment has been entered, the order might not be immediately appealable. Most orders must wait until the final judgment is entered before they can be appealed, as this follows California's "one final judgment" rule. This helps prevent piecemeal appeals and promotes judicial efficiency.
The key distinction here is between the minute order and the final judgment - they are not equivalent. You should carefully monitor when the final judgment is actually entered and served, as this will typically start your appeal timeline. Given the complexity of appeal deadlines and their strict enforcement, you may want to consult with an appellate attorney who can review your specific case details and ensure you don't miss any critical deadlines.
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