The California 4th District Court of Appeal reported the following activity in the suit brought by
Eric Horton against
Patricia Horton on Jan. 27: 'Order Filed. The Parties Are Invited To File Supplemental Letter Briefs On Or Before February 10, 2021, Addressing Whether The Appeal Should Be Dismissed As Untimely. (cal. Rules Of Court, Rules 8.104 & 8.108.)the Notice Of Appeal Filed On November 6, 2019, Is From A Judgment Entered On August 31, 2019. The Record Contains A Notice Of Entry Of Judgment Served On Appellant By The Clerk Of The Superior Court On September 4, 2019. (sharp V. Union Pacific R.r. Co. (1992) 8 Cal.app.4th 357, 360 [service Complete When Document Deposited In Mail]; Code Civ. Proc., § 1013.) Accordingly, The Last Normal Day To File A Timely Notice Of Appeal Was November 4, 2019. (cal. Rules Of Court, Rule 8.104(a)(1)(a) & (b) [normal Time To Appeal 60 Days Service Of Notice Of Entry Of Judgment].) "the Time For Taking An Appeal Is Mandatory And Jurisdictional. [citation.] Failure To File A Notice Of Appeal Within The Required Time Period Therefore Mandates Dismissal Of The Appeal. [citations.]" (ecc Construction, Inc. V. Oak Park Calabasas Homeowners Assn. (2004) 118 Cal.app.4th 1031, 1035; See Cal. Rules Of Court, Rule 8.104(b) [if Notice Of Appeal Filed Late, Reviewing Court Must Dismiss The Appeal].)the Matter Remains Set For Oral Argument On February 16, 2021, At 1:30 P.m.'.
Case number G058532 was filed in the California 4th District Court of Appeal on Nov. 6, 2019.
