Marriage of Andres CA5
Appellant Teresita A. Andres filed this appeal to challenge a July 9, 2020 judgment of nullity of marriage and a March 10, 2021 order denying her motion for reconsideration of the judgment.
First, we conclude the appeal is timely as to the order denying the motion and is untimely as to the judgment of nullity because the appeal was filed more than 180 days after entry of the judgment. (See Cal. Rules of Court, rule 8.104(a).) Second, we conclude the filing of the judgment while the motion for reconsideration was pending divested the trial court of jurisdiction to rule on the motion. Third, the record on appeal, which does not contain a copy of the motion or the opposition, is inadequate to determine whether the motion for reconsideration should be characterized as another type of motion over which the trial court would not have been divested of jurisdiction.
We therefore affirm the judgment and order.
Comments on Marriage of Andres CA5