(Download) "Eben-King V. King" by California Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Eben-King V. King
- Author : California Court of Appeals
- Release Date : January 25, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
In this appeal we address what is apparently an issue of first impression: do the provisions of Family Code section 2120 et seq., for setting aside a dissolution judgment on grounds of mistake, fraud or duress have any effect on the time for filing a notice of appeal from the underlying dissolution judgment? Despite the fact appellant Sandra Eben King never filed a timely notice of appeal from the stipulated judgment of dissolution entered upon the motion of her former spouse, respondent Thomas L. King, she now purports to appeal both from an order denying her motion to set aside filed pursuant to Code of Civil Procedure section 473, *fn1 and from the underlying stipulated judgment of dissolution itself. In doing so, she places principal reliance on the Family Code provisions extending the time within which a spouse may seek equitable relief from a dissolution judgment. We conclude that most of the contentions appellant now raises for the first time on this appeal are jurisdictionally barred by her failure either (a) to raise those issues in her section 473 motion to set aside, or (b) to file a timely notice of appeal from the underlying stipulated judgment of dissolution after its entry upon respondent's motion. Because appellant's remaining contentions are without merit, we affirm the trial court's order denying her motion to set aside the judgment.