Appellate Practice
Jan. 23, 2014
Unhappy holidays for untimely appeals
The common misstep for three appellants at the end of 2013 was failing to recognize that a "judgment" was sufficiently final to be appealable. By Kent J. Bullard
This holiday season turned out to be full of reminders that when it comes to appeals - both state and federal - timeliness is critical. The state Court of Appeal closed out 2013 with a couple of noteworthy dismissals of appeals it determined were untimely. Just last week, the U.S. Supreme Court rung in 2014 with its own dismissal of an appeal based on untimeliness.
"California follows a 'one shot' rule under which, if an ...
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