Pasternak v. Villalon CA4/3
Defendant and appellant Angelita Villalon filed a notice of appeal from an amended judgment entered against her in a quiet title action. She also filed a notice of appeal from the original judgment, but we dismissed that appeal for her failure to designate a record. Plaintiff and respondent Joseph Pasternak has moved to dismiss the appeal from the amended judgment on the ground the notice of appeal was not timely filed with respect to the original judgment. The issue presented by the motion to dismiss the appeal is whether the amended judgment substantially modified the original judgment such that the amended judgment superseded the original judgment and became the final, appealable judgment for purposes of determining whether the notice of appeal was timely under California Rules of Court, rule 8.104.
We conclude the amended judgment did not result in a substantial modification of the original judgment and, therefore, the original judgment remained the final, appealable judgment.
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