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132 Cal. App. Supp. 2d 916

Cannon v. Goble

Appellate Division of the Superior Court of California · decided 1955-05-05

Cited by 2 later decisions — most recently December 1969

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1955-05-05

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MITCHELL, J.

¶1Rule 2(a) of Municipal Court Civil Appeals provides that notice of appeal must be filed within 30 days from notice of entry of judgment, but not in any event later than 60 days from entry of judgment.

¶2If a motion for new trial is properly made and is denied *Supp. 917then the time for filing notice of appeal is extended until 15 days after entry of the order denying the motion.

¶3On October 5, 1954, notice of entry of judgment was served by mail on counsel for appellant.

¶4Time for appeal would then expire on November 6.

¶5However, on October 9 a notice of intention to move for a new trial was served.

¶6The motion was heard and on November 26, 1954, it was denied.

¶7Time for appeal would expire 15 days thereafter, to wit, on December 11, 1954.

¶8Notice of appeal was filed on December 17, 1954.

¶9The appeal, therefore, must be dismissed.

¶10Coughlin, J., and Hilliard, J., concurred.

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