UAP-COLUMBUS JV 326132 v. Nesbitt

Opinion

DANIELSON, J.

This matter is before us on a motion by defendant and respondent Wibbelsman to dismiss the appeal in this action for lack of jurisdiction in this court because of failure timely to file a notice of appeal.

Pursuant to the request of defendant and appellant Nesbitt (rule 41(b), Cal. Rules of Court) 1 we placed the motion to dismiss on calendar for hearing because (a) the motion was potentially dispositive of the appeal, and (b) resolving the different interpretations of precedent by the parties might be aided by oral argument.

Summary of the Case

The essential question framed…