Supple v. Luckenbach

Motion to dismiss appeal on the ground that the notice of appeal was given prior to the entry of judgment and, therefore, the appeal was prematurely taken. It is well settled in this state that an appeal from a judgment taken prior to the rendition of the judgment is prematurely taken and does not vest the appellate court with jurisdiction to entertain the attempted appeal. (Aspegren & Co., Inc., v. Sherman, Swan & Co., 199 Cal. 532 [250 Pac. 400].)

In this action the trial court on January 13, 1938, filed a paper entitled, “Memorandum Decision and Order for Findings” in which he stated that…