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Keywords

settlementappealtrialmotion

appealtrialmotionrespondentappellant

Related Cases

In re Marriage of King, 80 Cal.App.4th 92, 95 Cal.Rptr.2d 113, 00 Cal. Daily Op. Serv. 3196, 2000 Daily Journal D.A.R. 4297

Facts

Sandra Eben-King and Thomas L. King were married in 1989 and operated an insurance business together. They purchased a home in Sausalito, which was initially quitclaimed to Sandra due to Thomas's credit issues. After separating in 1995, Sandra filed for dissolution in 1995, and the couple reached a stipulated settlement in 1997. Sandra later sought to set aside the judgment, claiming she was coerced into the agreement during a settlement conference.

The parties were married on June 25, 1989. Appellant and respondent were both insurance brokers. For most of the marriage, they were partners in operating their own insurance business. There were no children born to the marriage.

Issue

Did the provisions of Family Code section 2120 et seq. for setting aside a dissolution judgment affect the time for filing a notice of appeal from the underlying dissolution judgment?

Did the provisions of Family Code section 2120 et seq. for setting aside a dissolution judgment on grounds of mistake, fraud or duress have any effect on the time for filing a notice of appeal from the underlying dissolution judgment?

Rule

A notice of appeal must be filed within 60 days after the mailing of notice of entry of judgment, and a motion to set aside a judgment under section 473 must be filed within the same time frame to extend the appeal period.

A notice of appeal must be filed on or before the earliest of the following dates: (a) 60 days after the date of mailing notice of entry of judgment; (b) 60 days after the date of service of notice of entry of judgment by any party upon the party filing the notice of appeal; or (c) 180 days after the date of entry of judgment.

Analysis

The court found that Sandra's motion to set aside the judgment was filed too late to extend the time for filing a notice of appeal. Although she argued that the Family Code provisions allowed for a longer time frame, the court concluded that her failure to file a timely notice of appeal from the stipulated judgment barred her from raising those issues on appeal.

Conclusion

The Court of Appeal affirmed the trial court's denial of Sandra's motion to set aside the judgment, ruling that her appeal was untimely and that the trial court did not abuse its discretion.

Who won?

Thomas L. King prevailed in the case because the court upheld the validity of the stipulated judgment and denied Sandra's motion to set it aside.

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Keywords

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Evans v. Jeff D., 475 U.S. 717, 106 S.Ct. 1531, 89 L.Ed.2d 747, 40 Fair Empl.Prac.Cas. (BNA) 860, 40 Empl. Prac. Dec. P 36,087, 54 USLW 4359, 4 Fed.R.Serv.3d 321

Dudding v. Norton Frickey & Associates, 11 P.3d 441, 2000 CJ C.A.R. 5710

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In re Harris, 5 Cal.4th 813, 855 P.2d 391, 21 Cal.Rptr.2d 373