County of Alameda v. Washington
Filed 2/3/10 County of Alameda v. Washington CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
COUNTY OF ALAMEDA, Plaintiff, v. PIERRE WASHINGTON, Defendant and Respondent; KAREN RILEY, Real Party in Interest and Appellant. | A124722 (Alameda County Super. Ct. No. C-672129) |
Real party in interest Karen Riley appeals from an order after hearing by the Alameda County Superior Court, ordering respondent Pierre Washington to pay her $54,177 for child support arrearages at the rate of $650 per month. She contends the trial court abused its discretion in setting the amount of child support as the courts finding as to respondents taxable income did not match the sum it used in the DissoMaster calculation. The matter is fully briefed. We shall dismiss this appeal on our own motion as untimely under California Rules of Court, rules 8.104(b) and 8.108(e)(2).
A file-stamped copy of the November 10, 2008 order after hearing was served on appellant by the superior court clerk on November 12, 2008. A motion for reconsideration was filed by appellant on November 21, 2008, extending the time for filing a notice of appeal of the order pursuant to California Rules of Court, rule 8.108(e). The motion was denied on February 18, 2009. Appellant filed her notice of appeal on March 19, 2009, 119 days after the motion to reconsider was filed.
California Rules of Court, rule 8.108(e) provides: If any party serves and files a valid motion to reconsider an appealable order under Code of Civil Procedure section 1008, subdivision (a), the time to appeal from that order is extended for all parties until the earliest of: [] (1) 30 days after the superior court clerk mails, or a party serves, an order denying the motion or a notice of entry of that order; [] (2) 90 days after the first motion to reconsider is filed; or [] (3) 180 days after entry of the appealable order. (Italics added.)
If a notice of appeal is filed late, the reviewing court must dismiss the appeal. (Cal. Rules of Court, rule 8.104(b).) Dismissal is jurisdictional.
DISPOSITION
The appeal is dismissed. In the interests of justice, each party shall bear his or her own costs on appeal.
_________________________
Kline, P.J..
We concur:
_________________________
Lambden, J..
_________________________
Richman, J.
Publication courtesy of California pro bono lawyer directory.
Analysis and review provided by Chula Vista Property line attorney.
