Berman v. Angelone CA2/8
Respondent Tosh Berman sued appellant Darrick Angelone for defamation following a series of articles in an on-line gossip blog that accused respondent of a number of dishonest and fraudulent acts. Appellant failed to respond to this suit and a default judgment was entered against him. He appeals from this judgment. Recognizing that he failed to file a notice of appeal in a timely manner, appellant argues that the judgment was void at the time it was entered and, therefore, may be challenged at any time pursuant to Code of Civil Procedure section 473, subdivision (d). We find that judgment was neither void on its face nor does any extrinsic evidence establish that it is void. Thus, this appeal is untimely and we have no jurisdiction. Therefore, the appeal is dismissed.
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