Q: 906 exception as understood. Correct?
Since I could previously appeal an order, but did NOT appeal; I will be prohibited to appeal by 906 upon final judgement.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Let me help clarify California Code of Civil Procedure Section 906 and its implications for your situation.
If you had the right to appeal an interim order but chose not to do so at that time, Section 906 generally does not automatically bar you from challenging that order when appealing the final judgment. The key is understanding that most interim orders merge into the final judgment, making them reviewable upon appeal of that final judgment, even if you didn't appeal them immediately when they were issued.
However, there are important exceptions to this rule. Some orders must be appealed immediately when they're made, or you lose the right to challenge them later - these include orders granting or denying motions to expunge lis pendens and certain injunctive orders. Additionally, if you had the opportunity to file a writ petition and failed to do so in cases where that was the exclusive remedy, you might be precluded from raising those issues in your appeal of the final judgment.
For your specific situation, I recommend consulting with an appellate attorney who can review your case details and the particular orders involved. The rules around appealability can be complex, and the consequences of missing appeal deadlines are serious.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
