Desherow v. Rhodes

Opinion

FLEMING, J.

Appeal from a second judgment for defendant after a second trial of a wrongful death action. Preliminarily, defendant seeks to dismiss the appeal as one taken from a void judgment. He argues that the second judgment was void because the order which vacated the first judgment and granted a new trial had not been entered within the required 60-day period. (Code Civ.Proc., § 660.) Section 660 requires a motion for a new trial to be determined within 60 days of notice of entry of judgment and makes an order granting a new trial effective on its entry in the permanent minutes of…