Turner v. Follmer

California Court of Appeal

Turner v. Follmer

191 P.2d 777, 84 Cal. App. 2d 815, 1948 Cal. App. LEXIS 1275

CourtCalifornia Court of Appeal

DecidedApril 12, 1948

DocketCiv. No. 16201

StatusPublished

Cited by1 cases

This text of 191 P.2d 777 (Turner v. Follmer) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Turner v. Follmer, 191 P.2d 777, 84 Cal. App. 2d 815, 1948 Cal. App. LEXIS 1275 (Cal. Ct. App. 1948).

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Opinion

McCOMB, J.

Respondent (defendant) Elizabeth C. Copel and moves to dismiss this appeal from an order of the trial court granting said respondent’s motion to set aside her default and permit her to file an answer for the reason that an order setting aside a default before a judgment has been entered is not an appealable order.

This proposition is tenable and is governed by this rule: An order granting a motion to set aside a default before a judgment has been entered is a nonappealable order. (Sherman v. Standard Mines Co., 166 Cal. 524, 525 [137 P. 249] ; Strosnider v. Superior Court, 17 Cal.App.2d 647, 650 [62 P.2d 1394] ; Rauer’s Law etc. Co. v. Standley, 3 Cal.App. 44, 46 [84 P. 214].) In the instant ease a judgment had not been entered when the order setting aside-the default of defendant was made; therefore the foregoing rule is applicable.

The motion is granted and the appeal is dismissed.

Moore, P. J., and Wilson, J., concurred.

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McCOMB, J.

Respondent (defendant) Elizabeth C. Copel and moves to dismiss this appeal from an order of the trial court granting said respondent’s motion to set aside her default and permit her to file an answer for the reason that an order setting aside a default before a judgment has been entered is not an appealable order.

This proposition is tenable and is governed by this rule: An order granting a motion to set aside a default before a judgment has been entered is a nonappealable order. (Sherman v. Standard Mines Co., 166 Cal. 524, 525 [137 P. 249] ; Strosnider v. Superior Court, 17 Cal.App.2d 647, 650 [62 P.2d 1394] ; Rauer’s Law etc. Co. v. Standley, 3 Cal.App. 44, 46 [84 P. 214].) In the instant ease a judgment had not been entered when the order setting aside-the default of defendant was made; therefore the foregoing rule is applicable.

The motion is granted and the appeal is dismissed.

Moore, P. J., and Wilson, J., concurred.

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Bluebook (online)

191 P.2d 777, 84 Cal. App. 2d 815, 1948 Cal. App. LEXIS 1275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-follmer-calctapp-1948.

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