Q: What statute is basis for appeal?
What statute is basis for appeal, of order denying motion to set aside dismissal of legal action against one of defendants, without prejudice?
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A:
The most relevant statute for appealing an order denying a motion to set aside dismissal would be California Code of Civil Procedure Section 904.1, which governs appealable judgments and orders in California state courts.
In your specific situation, since the dismissal was without prejudice and involved only one defendant, you should carefully consider whether the order is immediately appealable. Generally, orders denying motions to set aside dismissals are appealable under CCP 904.1(a)(2) as orders made after judgment. However, because this dismissal was without prejudice, courts might view it as an interlocutory order rather than a final judgment.
You might want to consult Federal Rules of Appellate Procedure Rule 4 if this case is in federal court, as it governs the timing and procedures for appeals. The deadline to file a notice of appeal is typically 30 days from the entry of judgment or order in civil cases, though certain circumstances may extend this period. Given the complexity of appeal statutes and potential jurisdictional issues, you would benefit from consulting with an attorney who can review your specific case details and advise on the most appropriate approach.
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