Filed 1/11/18 In re Marriage of Thibault CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR


In re the Marriage of ELENA THIBAULT and MARC THIBAULT.

ELENA THIBAULT,
Appellant,
v.
MARC THIBAULT,
Respondent.
A145610

(Alameda County
Super. Ct. No. RF09438887)


Elena Thibault purports to appeal an order denying her request for modification of child visitation. We shall dismiss the appeal as untimely.
The trial court entered a minute order denying the request for modification on June 18, 2014. Appellant filed a “Request for Orders After Hearing/Judgment” on December 18, 2014. The trial court filed a document entitled “Findings and Orders After Hearing” on March 3, 2015. Appellant filed her notice of appeal on June 30, 2015.
The June 18, 2014 minute order did not direct that a written order be prepared, and hence it was immediately appealable. (Cal. Rules of Court, rule 8.104(c)(2); In re Marriage of Russo (1971) 21 Cal.App.3d 72, 76; Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1248.) In such a circumstance, the time to appeal is not extended

by the later preparation and filing of a written order. (In re Marriage of Adams (1987) 188 Cal.App.3d 683, 689.) Under California Rules of Court, rule 8.104(a)(1), if neither the court clerk nor a party serves a notice of entry of order, a notice of appeal must be filed no later than 180 days after entry of judgment. The 180-day period after entry of the order expired on December 15, 2014. Appellant’s June 30, 2015 notice of appeal was therefore untimely.
DISPOSITION
The appeal is dismissed as untimely.
 


_________________________
Rivera, J.


We concur:


_________________________
Ruvolo, P.J.


_________________________
Streeter, J.


























Thibault v. Thibault (A145610)