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Appeal - Notice
(McCLellan v Northridge Park Townhome Owners Association)

Appealability-Notice of Appeal of Order Rather Than Judgment-Sufficient
(McCLellan v Northridge Park Townhome Owners Association)

1. Appealability.

As a preliminary matter, McClellan contends the appeal should be dismissed because the notice of appeal states the appeal is from the order granting the motion to amend the judgment, rather than from the amended judgment. McClellan argues that an order modifying a judgment, entered before judgment, is not a final and appealable order. The contention does not detain us.

The amended judgment was filed February 4, 2000. The notice of appeal was filed February 22, 2000. We construe the notice of appeal from the January 14, 2000 order granting the motion to amend the judgment as referring to the subsequent February 4, 2000 amended judgment (Conservatorship of Starr (1989) 215 Cal.App.3d 1390, 1393-1394), and proceed to address the merits of the appeal.

ROBERT E. McCLELLAN v NORTHRIDGE PARK TOWNHOME OWNERS ASSOCIATION, B139452

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