Trap for the Unwary: Order Denying a Motion for Reconsideration Is Not An Appealable Order.
The administrator of an estate requested authorization to pay his attorney for both ordinary and extraordinary services to the estate. The trial court granted these requests in a formal order. One of the relatives of the decedent filed an amended motion for reconsideration of the fee order, which was denied.
Relative then confusingly appealed from the order and reconsideration denial, only to have our local appellate court find her appeal was untimely in Estate of Corbin, Case No. G046842 (4th Dist., Div. 3 Nov. 8, 2012) (unpublished) (3-0 opinion, authored by Justice Ikola).
Effective January 1, 2012, the California Legislature made it clear that an order denying a motion for reconsideration is not a separately appealable order, Code Civ. Proc., § 1008(g), with the appeal having to be taken from the prior base order. However, relative filed her appeal from the earlier order 15 days too late, which meant the appellate court lacked jurisdiction to consider it. Also, the motion for reconsideration did not extend the time to appeal. (Cal. Rules of Court, rule 8.108(e)(3).) “Bottom line” result: appeal dismissed.
Above: Traps. “Conversion. Animal traps to armor-piercing bullet cores. Some of the traps made by an Eastern concern that specialized in these products during peace years. All the facilities of the plant are now devoted to the making of armor-piercing bullet cores, incendiary bomb noses, army cot parts and other war essentials.” April 1942. Howard Liberman, photographer. Library of Congress.