Can a document which purported to take an appeal from the order denying the motion to vacate and the motion for a new trial be considered an appeal?

California, United States of America


The following excerpt is from Smith's Estate, In re, 1 Cal.Rptr. 46, 175 Cal.App.2d 803 (Cal. App. 1959):

The document which purported to take an appeal from the order denying the motion to vacate and the motion for a new trial was so specific in its reference to that order that it cannot be given any effect as an appeal from the order appointing an administrator. Wilbur v. Cull, 127 Cal.App.2d 655, 656, 274 P.2d 424. The notice to prepare a clerk's and reporter's transcript made no attempt to comply with the rule requiring the filing of a notice containing the statement in substance that the appellant appeals from some specific judgment. Said notice to prepare transcripts discloses on its face that it was not intended for that purpose and was not intended as giving notice of a present intention to appeal from the order appointing administrator.

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