Today's DJ features Common Pitfalls of Appellate Practice, from Sheppard Mullin's Certified Appellate Specialist Team. Here's their top ten:
(1) Miscalculating the date on which a court of appeal
opinion becomes "final."
(2) Appealing from an "order granting summary
(3) Not knowing a trial court's power to grant a new
trial expires 60 days after notice of entry of judgment.
(4) Not knowing you can pursue a new trial motion even
if you've already filed a notice of appeal.
(5) Not filing a "protective cost-appeal."
(6) Not paying attention to the
"technicalities" in filing a writ petition.
(7) Not requesting a statement of decision.
(8) Not being mindful of the deadlines for filing
(9) Not moving for a new trial on grounds of excessive
or inadequate damages.
(10) Not being creative in staying enforcement pending
And today's MetNews offers Court Strikes Down Waiver of Right to Appeal reporting on 4/1's Purcell v. Schweitzer: "A settlement agreement providing that default would result in the entire original amount being due, and waiving any right to contest a default judgment, was an unenforceable penalty because the claim amount bore no reasonable relationship to the actual damages that would be suffered, the Fourth District Court of Appeal has ruled."