UAP-Columbus JV 326132 v. Nesbitt

UAP-Columbus JV 326132 and The Continent, JV 326128 (UAP) (plaintiffs) sued Patrick M. Nesbitt and Nancy Wibbelsman (defendants) in an interpleader action that also sought declaratory relief. UAP also requested costs and reasonable attorney fees from the funds deposited with the court for the interpleader cause of action. The trial court entered its decision and judgment on the interpleader and declaratory-relief actions on March 19, 1990, reserving until July 23, 1990, its decision on the request for costs and attorney fees, which, after following a cost-bill procedure, taxed costs to both Nesbitt and Wibbelsman. Nesbitt filed a notice of appeal from the March 19, 1990 decision on July 23, 1990, and Wibbelsman filed notice of cross-appeal from that judgment and the July 23, 1990 post-judgment order on August 13, 1990. Citing California appellate procedure rules that require a notice of appeal be filed on or before 60 days after notice of entry of judgment, Wibbelsman moved to dismiss the appeal and contended that the appellate court lacked jurisdiction because the appeal was not timely filed. Nesbitt argued the July 23, 1990 notice of appeal was timely because the March 19, 1990 judgment was interlocutory and not appealable under California Code of Civil Procedure § 904(a)(1) until the court’s final judgment on July 23, 1990.