Q: Section 906 has final clause that states:
Order that might have been appealed cannot be appealed from.
Is missed opportunity to appeal now order denying motion to set aside represents exception for 906 appeal?
A:
Your question touches on an important aspect of California appellate procedure regarding Section 906. Let me help clarify this situation.
The general rule under Section 906 prevents appeals from orders that could have been appealed earlier but weren't. However, there are limited exceptions where courts have allowed appeals from orders denying motions to set aside judgments, particularly when there are extraordinary circumstances or when fundamental jurisdiction is at issue. The key is whether your specific situation meets these narrow exception criteria.
To determine if your case qualifies as an exception, you'll need to examine whether there were valid reasons why the original appeal opportunity was missed - such as lack of notice, extrinsic fraud, or other compelling circumstances that prevented timely filing. Courts look at these factors carefully when deciding whether to allow what might otherwise appear to be an untimely appeal.
Your best course of action would be to consult with an appeals attorney who can review your specific circumstances in detail. They can evaluate whether your situation might qualify under one of the recognized exceptions and help you understand your options moving forward. While exceptions do exist, they are narrow and must be supported by strong justification.
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