Legal Question in Civil Litigation in California
If a person originally had a judgment awarded and then taken away by a motion to vacate, if an appeal is filed does that put a hold on the vacate being granted until the appeal can be heard? This would be for a judgment on a civil suit for money.
2 Answers from Attorneys
If the judgment has been vacated there is nothing to take an appeal from, so the appeal would be dismissed unless a new judgment has been entered, because you can only take an appeal from a final judgment. If there is a pending motion to vacate, an appeal would be premature, because the judgment is not yet final. Without knowing if or why the judgment was vacated, that's really all I can tell you.
If there a motion to vacate had been granted, most likely the case remains before the trial court and is not yet appealable, until the matter is finally adjudicated.
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