Fullerton Medical Group v. Burton
Considering the fact that January 1, 2007, was a court holiday, appellant filed its notice of appeal within 60 days after a notice of entry of judgment was served by respondents (Cal. Rules of Court, rule 8.104(a)(2).) However, the superior court clerk mailed appellant a file stamped copy of the judgment, with a proof of service, on October 30, 2006, and California Rules of Court, rule 8.104(a) requires timeliness to be calculated based on the earliest notice provided to the appellant. Because the notice of appeal was filed more than 60 days after the superior court clerk mailed appellants counsel a file stamped copy of the judgment, this court is without jurisdiction to consider the appeal. (Cal. Rules of Court, rule 8.104(a)(1) & (b); Hollister Convalescent Hosp., Inc. v. Rico (1975) 15 Cal.3d 660, 666-667.) Court therefore grant respondents motion to dismiss the appeal.
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