Importance of Timely Filing a Notice of Appeal

Ordinarily, the first step in the appellate process is to file a notice of appeal in the superior court. It is imperative that a notice of appeal is timely filed. This is because timely filing of the notice of appeal vests jurisdiction in the appellate court and, subject to certain exceptions, terminates the lower court’s jurisdiction. (Code Civ. Proc. § 916). As a result, if a notice is not timely filed, the appellate court will not have the power to even entertain the appeal. (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 56).

In civil cases, courts have no inherent authority to excuse a tardy notice of appeal or otherwise extend (or shorten) the time for appeal. In fact, even party consent or stipulation, or estoppel or waiver cannot confer jurisdiction where a notice of appeal is untimely. (Hollister Convalescent Hosp., Inc. v. Rico (1975) 15 Cal.3d 660, 666-667).
As a result, it is important to take steps to ensure timely filing of an appeal by calendaring the filing deadline as soon as it is ascertained. This is important for both the appellant and the respondent because: (a) the appellant must ensure its appeal is timely so that the appellate curt has jurisdiction over the matter; and (b) the respondent could potentially save the time and expense of preparing a responsive brief if the matter can be dismissed based on lack of jurisdiction.
Our real estate attorney at Schorr Law have a great deal of experience with appeals involving real estate matters and disputes. To inquire about a free 30-minute consultation, and to see if you qualify for one, contact us today!
You can reach us through the following methods: Give us a call at (310) 954-1877 | Send us an email at | You can text us at (323) 487-7533 | Or you can send us a message by filling out our easy to use Contact Form!
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