Legal Question in Family Law in California
I wonder whether my understanding is correct. My family law judge denied my osc and the order was signed in the end of June 2011. My motion to set aside order was heard but not ruled yet. In this case, should I wait until the trial court decides about the motion to set aside order before I file notice of appeal or should I file the notice of appeal before 60 days ends then end of August 2011?
My understand is that I can file the notice of appeal within 30 days after the judge denies my motion to set aside orders. Would you please help? I am planning to appeal for denied attorney's fees and other issues. Thanks in advance.
2 Answers from Attorneys
You can not appeal an order or judgment until it has been entered and it must be a final order that can not be changed by the Judge. I am not sure that you can appeal a denial for an OSC.
Mr. Shers does raise an important point. Some interlocutory family law orders are appealable, and some are not. It is not clear what you are attempting to appeal from. Pendente lite fee awards are appealable, but sanctions or orders denying sanctions are not.
Second, you need to watch the time frame to appeal. There are two time frames you must understand, normal time, and extended time. They are contained in the California Rules of Court, rules 8.104 and 8.108.
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