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Name: Morgan v. San Joaquin Community Hospital
Case #: F045075
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/10/2004
Subsequent History: 3/23/05: rev. den. & DEPUBLISHED

A notice of appeal included in the points and authorities of a defective motion is a valid notice of appeal. In this civil case, the pro per plaintiff filed a post-judgment motion for reconsideration that included a statement to the effect that he thereby gave notice of appeal of the court’s ruling. The Fifth District held that rules regarding the liberal construction of notices of appeal required the court to treat this statement as a timely notice of appeal from the judgment.