Legal News and Appellate Tips

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals.

If you would like to receive weekly updates of the articles posted here, click here to sign up for the newsletter.

Tag: Untimeliness

The 180-Day Deadline to Appeal Is Not Subject to Extension, Waiver, or "Fundamental Fairness"​

Appeals are dismissed on untimeliness grounds with regularity. This opinion, dismissing an untimely appeal, provides analysis that may help you avoid a similar fate. The problem, in short, is failing to appreciate that, while Rule 8.108 of the Rules of Court may extend the deadline to appeal, that rule never extends the deadline beyond 180 days from entry of the judgment. If you can remember only that, it will save you from the fate in Brownstone Lofts, LLC v. Otto Miller (D1d1 May 11, 2021) no. A160616 (non-pub.).

One other thing to try and remember: Once a final order is entered, the trial court loses jurisdiction to hear a motion for reconsideration. That means a postjudgment motion for reconsideration is improper and will not extend the time to appeal.

Read More
The Notice of Appeal Is Deemed Filed When the Clerk Receives It...

The Notice of Appeal Is Deemed Filed When the Clerk Receives It...
... not when the clerk happens to get around to filing it.
In recent months – even before Covid, but even more since – I have seen clerks failing to promptly process filings. You have probably noticed it, too. Depending on the filing, this may create problems. For a notice of appeal, which has jurisdictional consequences, the date of filing is a matter of life or death to an appeal.
So what happens if you submit the notice of appeal timely, but the clerk does not actually "file" it until it is untimely?
J.M v. Los Angeles County Dept. of Children and Family Services (D2d2 Apr. 12, 2021) no. B305486 (not published) held: The appeal is timely. Fortunately, neither appelants' right to appeal nor the Court of Appeal's jurisdiction are at the mercy of a clerk's filing idiosyncrasies.

Read More

Tags

Podcast (46)
Videos (31)
Abuse of Discretion (15)
Waiver and Forfeiture (15)
Notices of Appeal (13)
Legal Writing (12)
Appealability and Appealable Orders (12)
Splits of Authority (9)
Stays on Appeal (9)
Dismissals (9)
Sanctions (8)
Motions for Reconsideration (8)
Oral Argument (8)
Appealability (8)
Attorney Fees (7)
New Trial Motions (7)
Federal Courts (7)
Arbitration (6)
Anti-SLAPP (6)
Civility (6)
Unpublished Opinions (6)
Statements of Decision (6)
Record on Appeal (6)
Respondent Arguments (6)
Briefing (6)
Ninth Circuit (6)
Timeliness (6)
Appellate Sanctions (5)
Disqualification (5)
Family Law (5)
CCP 998 Offers (5)
Posttrial Motions (5)
Dissents (5)
Judgment Enforcement (5)
Preliminary Injunctions (5)
Evidentiary Objections (5)
Substantial Evidence (5)
Implied Findings (5)
Trial Procedure (5)
Appellate Bonds (4)
Admission of Improper Evidence (4)
Standards of Review (4)
Discovery (4)
Jurisdiction (4)
California Supreme Court (4)
Default Judgments (4)
Experts (4)
Writ Petitions (4)
Stipulated Judgments (4)
Motions in Limine (4)
Frivolous Motions (3)
Juror Peremptory Challenges (3)
Exclusion of Evidence (3)
Notices of Entry (3)
Timely and Untimely Appeals (3)
Appellate Practice (3)
Depublished Opinions (3)
Summary Judgments and Summary Adjudications (3)
Motions to Vacate and Set Aside Judgments (3)
Summary Judgments (3)
Mootness (3)
Summary Judgment (3)
Dismissed Appeals (3)
Ethical Duty of Candor (3)
Appealable Orders (3)
Trial Strategy (3)
Excessive Damages (3)
Standing (3)
Trust and Probate (3)
Stays (3)
Probate Appeals (3)
Judicial Admissions (2)
Legal Ethics and Professional Responsibility (2)
Petitions for Review (2)
Contempt (2)
Attorney Client Privilege (2)
Forfeiture and Waiver (2)
PAGA Actions (2)
Litigation Tips (2)
Recovery of Costs (2)
Standards of Evidence (2)
Jury Waivers (2)
Personal Jurisdiction (2)
Expert Opinions (2)
Tentative Rulings (2)
Motions to Dismiss (2)
Landlord Tenant (2)
Collateral Orders (2)
Judicial Bias (2)
Appeals Dismissed (2)
Invited Error (2)
Settlements (2)
Waiver (2)
Untimeliness (2)
Appeals Treated as Writs (2)
Pretrial Procedure (2)
Pretrial Issues (2)
Disentitlement Doctrine (2)
Class Actions (2)
Demurrers (2)
Motions to Vacate (2)
Mischief (2)
Civil Theft (1)
Treble Damages (1)
Premises Liability (1)
Frivolous Appeals (1)
Post-Appellate Issues (1)
Referral Fees (1)
Trial by Reference and Pro Tem Judges (1)
PAGA Attorney Fees (1)
Law and Motion (1)
Issue Selection on Appeal (1)
Remote Arguments (1)
Attorney Feese (1)
Employment Law (1)
Common Interest Doctrine (1)
Juror Misconduct (1)
Product Liability (1)
Clear and Convincing (1)
ADA and Unruh Accessibility Actions (1)
Clerks Service of File Stamped Judgment (1)
Designating the Record (1)
Trade Restraints (1)
Civil Code 3334 (1)
Benefits Obtained Trespass Damages (1)
Trespass (1)
Property Rights (1)
Inherent Authority (1)
Support Awards (1)
Forfeiture (1)
PostJudgment Litigation (1)
Unsupported Arguments (1)
Petitions for Rehearing (1)
Judicial Notice (1)
Post Reversal (1)
Attorney Fees - CCP 1021.5 (1)
Moot Appeals (1)
Appellate Briefing (1)
Pleadings (1)
Judicial Estoppel (1)
Harmless Error (1)
Prejudicial Error (1)
Record Designation (1)
Typeface (1)
Typography (1)
Jury Instructions (1)
Precedent (1)
New Arguments (1)
Third Parties and Nonparties (1)
Ninth CircuitAbuse of Discretion (1)
Out-of-State Litigant (1)
Family Court (1)
Mediation (1)
Split Decisions (1)
Inconsistent Verdicts (1)
Punitive Damages (1)
Dicta (1)
Petitionf ro Review (1)
Legal Practice (1)
Finality and Final Orders (1)
DismissalsAppealability and Appealable Orders (1)
Motions to Quash (1)
Motions for Judgment on the Pleadings (1)
Federal Appeals (1)
Consenting to Judgments (1)
Alter Ego (1)
Post Reversal Issues (1)
Law of the Case (1)
Record (1)
Bankruptcy (1)
Local Rules (1)
Evidentiary Presumptions (1)
New Trial (1)
Exhaustion of Remedies (1)
Waived and Forfeiture (1)
Per Se Errors (1)
Review as Writ Petition (1)
Amicus Briefs (1)
Incorrect Decisions (1)
Attorney Misconduct (1)
Comments (1)
Restraining Orders (1)
Summary Reversal (1)
Retainer Agreements (0)
Professional Ethics (0)
Appellate (0)
Notice of Appeal (0)
Landlore Tenant (0)
Split of Authority (0)
No categories Legal Writing (0)
crossmenuchevron-down