Legal Question in Real Estate Law in California

judgment

How long do you have to appeal a judment. It has to do with two easements that are to be filed with the county. sanctions and attorney fees make up the judgement.


Asked on 10/31/07, 11:59 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: judgment

A couple of additional thoughts here. First, if this is an appeal from a decision of the Superior Court, you start the appeal process by filing a Notice of Appeal with that court - the Notice of Appeal is the thing that starts the process and is what is governed by the timelines mentioned by Mr. Hoffman. The Notice itself is a very brief document in which you merely notify the court and the other side; among the limited information that must be included is a precise identification of the judgment or appealable order appealed from, but this is not the time or place where you present your argument as to why the judgment or order is improper. That comes later. At an early point in the appeal process, you will need to designate the record on appeal - that is, specify the documents, transcripts, etc, that the reviewing court should receive and consider. At this point, you will be required to deposit fees for the preparation of transcripts and copying the court clerk's files. This is all highly technical and a goof-up can be disasterous to your appeal.

Next, in addition to appeal, you may have other options, including asking for a new trial or for reconsideration. These options have different and sometimes shorter time limits.

Further, you need to determine that the judgment or order is appealable. Some orders are appealable, others are not, and not even all judgments are appealable - they generally need to be final, rather than, for example, interlocutory. When you mention that sanctions and attorney fees make up the judgment, it raises at least a possibility that this is not a final judgment, disposing of the case (unless appealed).

Finally, if you are the sanctioned party, and required to pay the other side's attorney fees, this suggests that you are not well represented by yourself or whomever handled the case in the trial court, and that someone with appellate experience should be brought on board.

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Answered on 11/02/07, 12:50 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: judgment

Generally, the earlier of (i) 60 days after a party mails the Notice of Entry of Judgment, or (ii) 60 days after the court clerk mails the Notice of Entry of Judgment, or (iii) 180 days after entry of judgment.

Unless you are ready to spend hours in your local law library, you would be well served to seek the assistance of a qualified attorney. If you miss any of the deadlines during the appeals process you jeapordize your ability to have your appeal heard.

You should also be aware that a great number of appeals are denied.

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Answered on 10/31/07, 12:36 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: judgment

It may be as short as 30 days and as long as 180 days depending upon your notice. Contact me directly.

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Answered on 10/31/07, 1:33 pm


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