Appellate Insights

Aug 11, 2022 Alana H. Rotter
Don’t Miss An Appealable Order

Most trial court orders are not immediately appealable—review is available only on appeal from a final judgment or via a writ petition.  But some types of orders are immediately appealable.  It’s important to identify those orders, because failing to timely appeal them forever forfeits appellate review.  Here are a few categories of appealable orders to look out for:

  • Orders granting or denying an anti-SLAPP motion, even if they leave the issue of attorney fees to be determined later
  • Orders denying a petition to compel arbitration
  • Orders granting or dissolving an injunction, or refusing to grant or dissolve an injunction
  • Orders appealable under the Probate Code or Family Code (there are many)

►  The practical message:  The list above is not exhaustive.  If you are aggrieved by an adverse ruling, hit the books to determine whether it is appealable—or, when in doubt, consult an appellate lawyer.

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