AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Appellant Thomas Moralez sought to appeal an order denying his motion to vacate a foreclosure sale and to declare the default judgment against him void due to lack of jurisdiction (para 1).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant: Argued that the judgment could be challenged as void at any time, citing previous cases to support the assertion that there is no time limitation on asserting that a judgment is void (para 3).
• Appellee: [Not applicable or not found]

Legal Issues

• Whether the appellant's notice of appeal was timely filed.
• Whether a judgment can be challenged as void at any time in the context of exercising appellate jurisdiction.

Disposition

• The Court of Appeals dismissed the appeal based on an untimely notice of appeal (para 1).

Reasons

• Per Roderick T. Kennedy, J. (James J. Wechsler, J., and Timothy L. Garcia, J., concurring): The court found that the timely filing of a notice of appeal is a mandatory precondition to the court's jurisdiction over an appeal. The appellant did not demonstrate that his notice of appeal was timely filed nor did he show any unusual circumstances beyond his control that would allow the court to exercise its discretion to consider the appeal. The court also distinguished the appellant's argument regarding the ability to challenge a judgment as void at any time, noting that the cases cited by the appellant related to collateral challenges in district court, not to the exercise of appellate jurisdiction. Consequently, the court dismissed the appeal (paras 2-3).