Legal Question in Legal Malpractice in California

file stamp and notice of entry

I was guaranteed by my lawyers that

if I waited 60 days after court victory

I could sell my home. Here is

Appeal decision: Name made a

motion to dismiss the appeal on the

basis Name appeal was not timely

filed. We deny the motion. When the

court clerk mails to the parties a

document entitled ''Notice of Entry''

or a file-stamped copy of the

judgment the parties have 60 days

to file a notice of appeal. If no such

notice is mailed by the clerk and

none served by a party, the parties

have 180 days to file a notice

of appeal. Here, the clerk mailed to

Name a copy of the minutes dated

September 29, 2005, labeled as an

''ex parte minute order'' that stated

the court had read and considered

the proposed statement of decision

and judgment submitted by the

defendants, and was adopting that

proposed statement of decision as its

own, and concluded by stating, ''The

Proposed Judgment is the judgment

of the court.'' However, this

document was neither labeled as

''Notice of Entry'' of the judgment

nor was it file-stamped. Therefore,

Name had 180 days to file her notice

of appeal and her notice filed on

March 2, 2006, was timely. Who is

responsible

1 Answer from Attorneys

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