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Questions and Answers
Which of the following is generally not appealable?
Which of the following is generally not appealable?
- Interlocutory order (correct)
- Denial of summary judgment
- Collateral order
- Final judgment
What is one of the exceptions to the general rule that interlocutory orders are not appealable?
What is one of the exceptions to the general rule that interlocutory orders are not appealable?
- Collateral order (correct)
- Lack of jurisdiction
- Improper venue
- Failure to join an indispensable party
When can a court find that 'no reason to delay' and make a resolved claim a final judgment?
When can a court find that 'no reason to delay' and make a resolved claim a final judgment?
- When multiple claims are involved (correct)
- When a party has failed to join an indispensable party
- When the court finds it will cause irreparable damage
- When there is a collateral order
What is not a reason to appeal an interlocutory order?
What is not a reason to appeal an interlocutory order?
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When is a denial of summary judgment appealable?
When is a denial of summary judgment appealable?
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Study Notes
Interlocutory Orders
- An interlocutory order is a court order given before a final judgment.
- Interlocutory orders are generally not appealable.
Collateral Order Exception
- The Collateral Order Exception allows for appeal of an interlocutory order if it:
- Conclusively determines a disputed question.
- Resolves an important issue separate from the merits of the case.
- Delay would cause irreparable damage.
Appealability and Review
- The following are not appealable:
- Lack of jurisdiction.
- Improper venue.
- Failure to join an indispensable party.
Multiple Claims
- If one claim is resolved, it is not a final judgment.
- However, the court may find "no reason to delay" and consider it a final judgment.
Denial of Summary Judgment
- A denial of summary judgment is not appealable until after trial.
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