Due dates appeal

Question

If dismissal of all causes of action against one of defendants is NOT a final judgement, how to make sure that order denying motion to set aside dismissal will be appealable after final judgement; when time to appeal this particular order expires?

James L. Arrasmith · Answer

The appeal timeline for an order denying a motion to set aside dismissal depends on whether it's deemed appealable on its own or must wait for final judgment. To preserve your right to appeal this order later, you should file a protective notice of appeal within 60 days of the order's entry, even if you believe it's not immediately appealable. 
 
If the dismissal isn't final because claims remain against other defendants, you'll want to document your intent to challenge this order in your eventual appeal of the final judgment. Keep detailed records of the motion proceedings, ensure the order is part of the court record, and consider filing a notice of intent to preserve the issue for appeal - this creates a clear record of your position that the order should be reviewable on appeal from the final judgment. 
 
Remember that California courts generally prefer to review all issues in a single appeal after final judgment, rather than through piecemeal appeals. When the case reaches final judgment, your notice of appeal should specifically reference both the final judgment and the earlier order denying the motion to set aside dismissal. This approach helps ensure the appellate court understands you're challenging both rulings.

Q: Due dates appeal