Mosley v. Mosley

Opinion

THE COURT.*

The last possible day to file a notice of appeal from an appealable order is 180 days after the signed order is filed. (Cal. Rules of Court, rule 8.104(d)(3).)1 This outside time limit is jurisdictional and cannot be extended, even if notice was not given. Appellants have a maximum of 180 days to come to a judgment, and cannot wait for a judgment to come to them.

But what happens when a file-stamped appealable order disappears into the juridical equivalent of a sock drawer? Here, the appealable order was signed and file stamped (fittingly enough) on April Fool’s Day. But it…