Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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?
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answered on Nov 24, 2024
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... View More 
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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answered on Nov 24, 2024
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... View More
Since I could previously appeal an order, but did NOT appeal; I will be prohibited to appeal by 906 upon final judgement.
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answered on Nov 24, 2024
Let me help clarify California Code of Civil Procedure Section 906 and its implications for your situation.
If you had the right to appeal an interim order but chose not to do so at that time, Section 906 generally does not automatically bar you from challenging that order when appealing... View More
True statements?
Order signed by judge and filed with court is appealable. Therefore, order denying motion to set aside dismissal against of one of defendants is appealable pursuant 904.1(a)(2).
Since order is immediately appealable,
it will not be subject for later appeal... View More
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answered on Nov 24, 2024
Let me help clarify these appellate law statements for you.
The first statement about orders signed by judges being appealable is overly broad and incorrect. Not all court-signed orders are automatically appealable - only those specifically designated by statute or case law as appealable... View More
Order of dismissal case against one of defendants was made.
Does it mean that order denying motion to set aside dismissal is appealable, after order of dismissal was entered?
Under which statute, can it be deemed post-judgement order in respect to this defendant?
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answered on Nov 24, 2024
Under California Code of Civil Procedure § 904.1(a)(2), an order made after judgment is appealable. In your case, since there was already an order of dismissal against one defendant, this effectively serves as a judgment regarding that defendant.
The subsequent order denying the motion to... View More
Dismissal order was entered in the case against one of defendants.
Entry of judgement was not made and was not served.
If order denying motion to set aside is appealable, under what statute for unlimited cases?
Under 904.1 - order is NOT appealable, because there was not final judgement.
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answered on Nov 24, 2024
Under California law, an order denying a motion to set aside dismissal is typically appealable as a post-judgment order under CCP § 904.1(a)(2), but only after entry of judgment. In your situation, since no judgment was entered or served, the order is not yet appealable.
You have two... View More
Intention for post-judgement appeal.
Pursuant section 906 plaintiff intends to appeal not dismissal of legal action against one of defendants, but to appeal denied motion to set aside dismissal.
Can such appeal be exception to appeals section 906, and specifically why.... View More
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answered on Nov 24, 2024
Under California Code of Civil Procedure section 906, you face significant limitations when attempting to appeal a voluntary dismissal, even when your focus is on the denied motion to set aside that dismissal.
The general rule is that voluntary dismissals are not appealable because they... View More
Section 906 does not authorize to review any decision or order from which an appeal MIGHT BEEN TAKEN.
This mean that appeal should have been taken before, or appeal that was taken should not be revisited?
Particularly, if during lawsuit dismissal was entered against one of... View More
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answered on Nov 24, 2024
The limitation in Section 906 of the California Code of Civil Procedure means you cannot use a later appeal to challenge earlier orders that could have been appealed at the time they were made. This is often referred to as the "one shot rule" - you must take your appeal when the... View More
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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answered on Nov 24, 2024
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... View More
When action was dismissed without prejudice against one of defendants, judge ordered dismissal, but judgement was not entered yet;
Will CCP section 906 be applicable after judgement will be entered - in respect to prior dismissal against one of defendants and denied motion to set aside dismissal?
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answered on Nov 24, 2024
Based on California Code of Civil Procedure section 906, you can likely raise issues about both the dismissal and the denied motion to set aside the dismissal on appeal after the final judgment is entered.
Even though the dismissal was without prejudice against one defendant, CCP 906... View More
Final judgement was not entered in the case.
Dismissal was entered against one of defendants, and plaintiff filed motion to set aside - that was denied by court.
When dismissal of legal action against this defendant becomes appealable?
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answered on Nov 24, 2024
In California civil cases, the timing of when you can appeal a dismissal depends on several key factors related to your specific situation.
Generally, if the dismissal effectively terminates the action against the particular defendant, you can appeal it even without a final judgment in the... View More
Legal action was dismissed according to plaintiff's request, without prejudice.
Judge signed order for dismissal.
Formal entry of dismissal was not served.
Plaintiff's motion to set vacate/set aside dismissal was denied.
Time to for protective order in... View More
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answered on Nov 23, 2024
In California, appealability of orders is primarily governed by Code of Civil Procedure (CCP) § 904.1, which lists the types of judgments and orders that can be appealed.
For your situation, an order denying a motion to vacate or set aside a dismissal is generally appealable under CCP §... View More
Court's order to dismiss was entered regarding all causes of action against one of defendants (without prejudice). Time to refile expired. Judgement was not formally entered. Motion to set aside dismissal was denied. Time for protective order for appeal expired.
If order denying motion... View More
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answered on Nov 23, 2024
In California appellate law, your best course of action would be to first obtain a formal entry of judgment from the trial court, as this creates an appealable final judgment. Even though the dismissal order effectively ended your case when the refiling period expired, courts generally prefer... View More
Court's order to dismiss was entered regarding all causes of action against one of defendants (without prejudice).
There was no formal entry of judgement.
Is order denying motion to set aside/vacate dismissal of legal action is appealable in this situation?
If this was... View More
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answered on Nov 23, 2024
In California courts, an order denying a motion to set aside or vacate a dismissal is typically not appealable when there has been no formal entry of judgment, even if the dismissal affects all causes of action against one defendant.
To pursue your appeal rights effectively, you should... View More
Court's order was entered in regard to dismissal of case against one of defendants.
There was no entry of judgement.
Is order denting motion to set aside/vacate dismissal of legal action is appealable in this situation?
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answered on Nov 23, 2024
In California, appealability of orders can be complex, and in your specific situation, the details matter significantly.
Generally, an order denying a motion to set aside or vacate a dismissal is appealable if it meets certain criteria under California Code of Civil Procedure Section 904.1.... View More
This is after the time limit of being issued judgement. It was during COVID and I was denied access of the law library and to see the clerk at my local courthouse. there are emergency extensions due to covid in the rules of court in California, but I'm unsure what to filing is all done online... View More
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answered on Nov 23, 2024
Given the complexity of your situation and the COVID-related circumstances, you might consider filing an "Extraordinary Writ" or "Writ of Mandate" with the Superior Court to challenge the judgment, especially if regular appeal deadlines have passed.
The California... View More
Is Order of Dismissal against one of Defendants on all causes of action, signed by Judge, is Notice of Entry of Judgement?
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answered on Nov 23, 2024
No, an Order of Dismissal signed by a judge is not automatically a Notice of Entry of Judgment, though they are related documents. The Order of Dismissal is the court's actual ruling that dismisses the case against the defendant.
The Notice of Entry of Judgment is a separate document... View More
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?
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answered on Nov 23, 2024
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... View More
Dismissal against one of defendants on all causes of action was final judgement, although lawsuit is ongoing against other defendant.
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answered on Nov 23, 2024
Yes, this is a true statement. Under California law, a dismissal of all causes of action against one defendant can constitute a final, appealable judgment - even while the case continues against other defendants.
The key principle here is that when a court completely terminates the... View More
Is dismissal against one of defendants on all causes of action, while lawsuit is ongoing, is final judgement?
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answered on Nov 23, 2024
Under California law, a dismissal against one defendant while the lawsuit continues against other defendants is generally not considered a final judgment. This is because a final judgment typically requires resolution of all claims against all parties in the case.
However, there are... View More
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