Q: Do I lose chance to appeal order denying motion to set aside after final judgement, pursuant section 906?
Do I lose chance to appeal order denying motion to set aside after final judgement on the case, if I do not appeal this appealable order, as I might have appealed.
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A:
Under California Code of Civil Procedure section 906, you generally maintain the right to appeal the denial of your motion to set aside even after final judgment. When you appeal from the final judgment, you can typically challenge intermediate orders that led to that judgment, including the denial of your motion to set aside.
However, timing is crucial - you must file your appeal of the final judgment within the applicable time limits, which is usually 60 days after service of notice of entry of judgment or 180 days after entry of judgment. During this appeal of the final judgment, you can raise issues related to the earlier denial of your motion to set aside.
It's important to note that while you could have separately appealed the denial of your motion to set aside when it was initially issued, choosing not to do so doesn't automatically forfeit your right to challenge that ruling as part of your appeal of the final judgment. Still, consulting with an appellate attorney would be valuable to ensure proper preservation of all appeal rights and compliance with procedural requirements.
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