Legal Question in Appeals and Writs in California

It appears that you are referring to the mandatory dismissals required for a failure of a plaintiff to bring a case to trial within five (5) years of filing set forth by Code of Civil Procedure section 583.360. That is not a statute of limitations, although it does work in a similar manner.

To answer your question, the time in which an appeal was pending would not count towards the five (5) year period. That's because the trial court's jurisdiction to try to the case is suspended while the case is pending on an appeal, and Code of civil Procedure section 583.340, subdivision (a) specifically excludes that time period from the calculation. There are other exceptions as well, and you should consult with an attorney if you are facing a motion to dismiss.