Kocher v. Fidelity & Deposit Co.

Respondents move to dismiss this appeal upon the ground that the notice of appeal was not filed within the time required by law. No brief has been presented in opposition to the motion, and the matter was submitted without oral argument. We are of the opinion that the motion must be granted.

Section 939 of the Code of Civil Procedure provides that an appeal may be taken from a judgment within sixty days from the entry thereof; but “if proceedings for a new trial are pending, the time for appeal from the judgment shall not expire until thirty days after entry in the trial court of the order…