Q: Is order appealable in this situation?
Court's order was entered in regard to dismissal of case against one of defendants.
There was no entry of judgement.
Is order denting motion to set aside/vacate dismissal of legal action is appealable in this situation?
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A:
In California, appealability of orders can be complex, and in your specific situation, the details matter significantly.
Generally, an order denying a motion to set aside or vacate a dismissal is appealable if it meets certain criteria under California Code of Civil Procedure Section 904.1. However, when the dismissal involves only one defendant among multiple defendants, and there's no entry of judgment, the order might not be immediately appealable unless the court expressly determines there is no just reason for delay and directs entry of judgment under CCP 579.
Your best course of action would be to either seek entry of judgment regarding the dismissed defendant or wait until final judgment is entered for all defendants before filing an appeal. If time is of essence, you might consider filing a petition for writ of mandate, though these are granted sparingly. Given the technical nature of appellate procedure and the significant consequences of missing deadlines, consulting with an appellate attorney would be very helpful for your situation.
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