Slawinski v. Mocettini

Defendants move to dismiss plaintiffs’ appeal on the ground that it was not timely filed.

A jury trial in this wrongful death action resulted in a verdict in favor of plaintiffs for $169,000. An order granting a motion for new trial was affirmed on appeal (Slawinski v. Mocettini, 217 Cal.App.2d 192 [31 Cal.Rptr. 613]), and on retrial the court granted a nonsuit. Judgment was entered on May 21, 1964, and notice of the entry of judgment was served the following day.

Plaintiffs’ motion for a new trial was heard on July 10. The clerk’s minutes for that day state that after argument by counsel the…