KIMBALL AVENUE v. FRANCO

No. G039767.

76 Cal.Rptr.3d 628 (2003)

162 Cal.App.4th 1224

KIMBALL AVENUE, Plaintiff and Appellant, v. Lupe FRANCO, Defendant and Respondent.

Court of Appeal of California, Fourth District, Division Three.

May 13, 2008.


Attorney(s) appearing for the Case

Philipson & Simon and David Simon, Anaheim, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.


OPINION

THE COURT.*

In dismissing this appeal for lack of jurisdiction, we hold that a trial court cannot restart the clock for filing a notice of appeal by vacating and "re-entering" a judgment on the ground that the appellant never received notice of entry of judgment.

Background

On November 30, 2006, the trial court granted defendant's motion to enforce a settlement agreement, but took under consideration...

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