Can an appeal for failure of a notice of appeal be appealed on facts such as these?

California, United States of America


The following excerpt is from Zimmerman v. Riggs, B225028 (Cal. App. 2011):

We have found no case that has dismissed an appeal for failure of the notice of appeal to identify an appealable order on facts such as these. People v. Delaney, supra, 132 Cal.App.2d at p. 839, perhaps comes closest. There, after his trial court motions were denied the appellant filed a document that expressed his intention "to file an appeal for a new trial, rehearing or modification . . . ." The reviewing court dismissed the appeal for lack of jurisdiction, holding that the notice was not a notice of appeal because it not only failed to "specify any judgment or particular part thereof from which he appeals," but also because it did not actually state "that defendant appeals," rather than merely seeking a new trial, rehearing, or modification of the judgment. (Ibid.)

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