UAP-Columbus JV 326132 v. Nesbitt

In UAP-Columbus JV 326132 v. Nesbitt (1991) 234 Cal. App. 3d 1028, the trial court entered a judgment on March 19, 1990, disposing of the parties' causes of action in interpleader and for declaratory relief. The parties subsequently filed a memorandum of costs, and motions to tax costs. The trial court disallowed certain claimed costs and issued a minute order on July 23, 1990, ordering certain costs to be paid. Division Three of this district held that the tabulation and proving up of costs and attorney fees incurred in the process of litigation, was not considered judicial action essential to the final determination of the rights of the parties. ( Id. at p. 1036.) Thus, for purposes of appeal, the notice of appeal had to be filed within 60 days of March 19, 1990, the date judgment was entered. Instead, the defendant filed an untimely notice of appeal on July 23, 1990 "'from . . . the judgment entered on March 19, 1990 . . . as modified by the Orders of this Court entered on July 23, 1990.'" ( Id. at p. 1033.)