Guenther v. Martinez

Defendant appeals from an “amended” judgment that enjoins her from competing with plaintiffs business, and plaintiff cross-appeals. On the merits, we affirm. We write only to discuss a procedural issue that is not raised by the parties.

Judgment was originally entered on February 2,1988. Defendant filed a notice of appeal on February 28. Plaintiff filed her cross-appeal on March 9. On April 22,1988, the trial court held a conference with counsel regarding the appeals and a pending contempt proceeding for an alleged violation of the injunction. The trial court concluded that it had erred in…