In Walker v. Los Angeles County Metropolitan Transportation Authority (2005) 35 Cal.4th 15, the trial court entered judgment on November 13, 2001, and denied the plaintiff's motion for a new trial on January 3, 2002. (Id. at p. 18.) On February 4, 2002, the plaintiff filed a notice of appeal from the order denying her motion for a new trial, which was not an appealable order. (Id. at pp. 18-19.) The Supreme Court held the court of appeal erred by dismissing the appeal rather than construing it as an appeal from the final judgment. (Id. at p. 21.) "Walker has presented a colorable argument that she intended to appeal from the underlying judgment and that the respondent, which filed a respondent's brief on the merits in the Court of Appeal as well as a counter-designation of the record on appeal, would not be prejudiced by allowing the appeal to go forward." (Ibid.) Moreover, the court had appellate jurisdiction over the appeal despite the defect in the notice of appeal, because the notice was filed within the time period for appealing from an existing appealable order or judgment. (Ibid.) The Court distinguished cases in which an appeal from a nonappealable order was dismissed where no appealable judgment or order had been entered. (Ibid.)