Cody v. Bank of America CA3
Leon Cody and Darlene Cody (the Codys) purport to appeal from an order on a motion for summary judgment the trial court granted in favor of defendant Bank of America, N.A. (Bank of America). Although not itself appealable, an order granting summary judgment is sometimes deemed to lie from a subsequently entered judgment. (Francis v. Dun & Bradstreet, Inc. (1992) 3 Cal.App.4th 535, 539.) Here, however, the judgment was entered after the trial court recalled the order from which the Codys attempt to appeal. Because the Codys’ notice of appeal relates to a nonappealable order that was recalled, we dismiss their appeal.
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