No Life Preserver To Save Non-Appealable Order.

Plaintiff’s case was dismissed as a terminating sanction following discovery abuse.  Plaintiff appealed and defendant argued the appeal was from a non-appealable order. In his appellate brief, plaintiff told the appeals court his appeal “was timely filed following Entry of Judgment in this matter.” Even though appellate courts often permit a premature appeal and treat it as timely filed, this appellate court did not do so, giving three reasons: 1) plaintiff did not request the appeals court to treat his untimely notice of appeal as timely filed; 2) plaintiff ignored defendant’s argument the appeal was from a non-appealable order; and, 3) plaintiff informed the court there was a judgment when there was none. The appeal was dismissed.  Good v. Miller (Cal. App. Third Dist.; March 13, 2013) 214 Cal.App.4th 472.