Thursday, December 19, 2013

Opinion dismissing tardy appeal

Here's today's lesson in recognizing an appealable judgment and example of an appeal dismissed for a tardy notice of appeal, 1/3's Dattani v. Lee, which begins:

Defendant and respondent Geen Hone Lee has moved to dismiss the appeal of plaintiffs and appellants Kaushik Dattani, et al. (Dattanis) on the ground that their notice of appeal was not timely filed. We conclude that an appealable judgment was created when Dattanis filed a request for dismissal without prejudice of all of their causes of action that remained after a grant of summary adjudication against them. Thus, the notice of appeal filed more than 180 days after the date of this judgment, was untimely. We therefore grant the motion to dismiss.
 (hat tip to Desmond Lee -- no relation to respondent!)

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