Ten Eyck v. Industrial Forklifts Co

In Ten Eyck v. Industrial Forklifts Co. (1989) 216 Cal.App.3d 540, the appellate court dismissed as untimely an appeal which was brought more than 60 days after the appellant was served with a copy of the notice of entry of judgment. Although the appellant had received a notice of the entry of judgment, the appellant sought to excuse his failure to file a timely notice of appeal based on the clerk's failure to enter the judgment in the register of actions. Ten Eyck held that the "use of the word 'filing' does not include or require entry of the judgment in the register of actions or entry of the judgment in the court's electronic data-processing system or microfilming the judgment." (Id. at p. 545.) Ten Eyck deals with the 60-day notice rule (now contained in rule 8.104(a)(1)), where the appellant had actual notice of the judgment.