Baca v. Trejo

Defendant, Armando Trejo, appeals from the grant of default judgment against him and in favor of plaintiff, Gustavo Baca. The only issue is the timeliness of defendant’s motion to vacate the default, which he sent via UPS on the thirtieth day after the court entered the judgment, but which the court received on the thirty-fifth day. Defendant asserts that a mailbox rule applies to his consignment of the motion to UPS, making its filing timely. We disagree. As defendant’s motion was untimely, his notice of appeal was also untimely. We therefore dismiss his appeal.

On August 10, 2007, plaintiff…