In a medial malpractice action, defendant’s motion to dismiss the appeal is denied as, where a party files a valid motion for new trial, and the trial court issues a timely order denying that motion but no one serves the order or notice of entry of that order, then the applicable deadline for filing the notice of appeal from the judgment is 180 days after entry of judgment. 

Read  Anderson v. Chikovani, No. G042396 [HTML]

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Appellate Information

Filed February 11, 2010

Judges

Opinion by The Court

CounselFor Appellant:  Schultz and Associates and Robert Schultz

For Appellee:   Carroll, Kelly, Trotter, Franzen & McKenna, Robert L. McKenna, David P. Pruett and Maria E. Pappas

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