There are few things in procedural law as critical or as potentially fatal to an action as the timely filing of a notice of appeal. A timely notice of appeal vests the court of appeal with jurisdiction and is an absolute prerequisite to that court’s exercise of jurisdiction. Where the notice of appeal is filed after the expiration of the time to appeal, the court is without jurisdiction to proceed and is mandated to dismiss the appeal.
The time to appeal is impacted by the timely filing of post-judgment motions and the timely service of the appealable judgment or order or a notice of entry of that judgment or order. In family law matters, bifurcated issues can be challenged on appeal under limited, time-bound circumstances.
Ms. Amado has lectured widely on the issue of timely appeals and wrote the cover article for Los Angeles Lawyer magazine on this issue. (See Vol. 33, No. 1, March 2010; Beat the Clock.) She represented the appellant in In re Marriage of Lin (2014) 225 Cal.App.4th 471 , 170 Cal.Rptr.3d 34, successfully arguing the timeliness of her client’s notice of appeal. She has also successfully moved to dismiss appeals as untimely.
To speak with Ms. Amado or to make an appointment to see her regarding the timeliness of your client’s – or an opponent’s – appeal and possible assistance or appellate representation, please contact her at 310- 550-8214.