DESHEROW v. RHODES

Docket No. 33364.

1 Cal.App.3d 733 (1969)

82 Cal. Rptr. 138

M. JAMES DESHEROW et al., Plaintiffs and Appellants, v. ERNEST MAX RHODES, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

November 14, 1969.


Attorney(s) appearing for the Case

COUNSEL

Jerrold I. Rudelson for Plaintiffs and Appellants.

Veatch, Carlson, Dorsey & Quimby, Robert C. Carlson and Henry F. Walker for Defendant and Respondent.


OPINION

FLEMING, J.

Appeal from a second judgment for defendant after a second trial of a wrongful death action. Preliminarily, defendant seeks to dismiss the appeal as one taken from a void judgment. He argues that the second judgment was void because the order which vacated the first judgment and granted a new trial had not been entered within the required 60-day period. (Code Civ.Proc., § 660.) Section 660 requires a motion...

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