Legal Question in Business Law in California

Re: contract law

The answer to that question should be simple, but it isn't. It depends not only upon what court entered the judgment, but also whether and how the court or any party notified you that it had been entered. Determining when a notice of appeal is due can be extremely difficult, but if you miss the due date your appeal will be over before it begins.

Please feel free to contact me directly if you want to discuss this further. I have a great deal of experience in appeals. Additionally, I am a certified appellate specialist (per the State Bar's Board of Legal Specialization), a certification held by only about 250 lawyers in the state.

Re: contract law

The answer does depend on a variety of factors including what kind of judgment it is (civil, criminal, juvenile dependency, etc.) and what court issued it (Limited or Unlimited Jurisdiction). Generally, the Notice of Appeal (which is not an appellate brief but is a one-page form) must be filed within 30 or 60 days of the date that a party or the clerk mailed or otherwise served Notice of Entry of the judgment; if no such notice was mailed the Notice of Appeal must be filed within 90 or 180 days of the date of the judgment itself.

The best approach - assuming that you have decided to appeal - is to file the Notice of Appeal as soon as possible, and eliminate the risk of it being untimely. As you may know, an untimely Notice of Appeal in state courts is the death knell to the appeal.

I am a certified appellate court specialist with offices in Century City and Santa Barbara. You can view my website at www.foxappeals.com.

Please contact me if you are interested in a consultation on your appeal.