Opinion
Docket No. 19916.
February 18, 1954.
APPEAL from a minute order of the Superior Court of Los Angeles County denying motion to vacate and set aside a final judgment. Ellsworth Meyer, Judge. Appeal dismissed on motion.
Guy N. Stafford, in pro. per., for Appellant.
John F. Bender and Gizella M. Allen for Respondents.
This is a motion to dismiss an appeal from a minute order denying plaintiff's motion to vacate and set aside a final judgment.
Facts: May 31, 1950, judgment was entered in favor of defendant. Plaintiff thereupon appealed and the Supreme Court on October 28, 1952, affirmed the judgment of the trial court. ( Stafford v. Realty Bond Service Corp., 39 Cal.2d 797 [ 249 P.2d 241].) A subsequent petition for rehearing by the Supreme Court was denied November 25, 1952.
On February 2, 1953, plaintiff made a motion in the superior court to vacate and set aside the judgment entered May 31, 1950, which motion was denied.
[1] Question: Is the instant order an appealable order?
No. If the grounds upon which a party seeks to have a judgment vacated existed before the entry of judgment and before the time for appeal has elapsed, the aggrieved party's remedy is by a motion for new trial or by an appeal from the judgment, and an order thereafter made denying a motion to set the judgment aside is nonappealable. ( Reynolds v. Reynolds, 191 Cal. 435, 437 [ 216 P. 619]; People v. Ramirez, 139 Cal.App. 380, 383 [4] [ 33 P.2d 848].)
The motion is granted and the appeal is dismissed.
Moore, P.J., and Fox, J., concurred.
A petition for a rehearing was denied March 5, 1954, and appellant's petition for a hearing by the Supreme Court was denied April 14, 1954.