Can a notice of appeal of a judgment of dismissal following an earlier order regarding a different defendant be construed as a "notice of appeal" regarding "a different defendant"?

California, United States of America


The following excerpt is from Burgess v. Schubert, C087379 (Cal. App. 2020):

"[A] notice of appeal 'must be liberally construed.' (Cal. Rules of Court, rule 8.100(a)(2).) However, there is no construction under which a notice of appeal of a" judgment for a defendant after an order on an earlier date "can be construed as a notice of appeal of a . . . judgment of dismissal following an order" regarding "a different defendant" on a later date. (Bosetti v. United States Life Ins. Co. in City of New York (2009) 175 Cal.App.4th 1208, 1224-1225 (Bosetti).)

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