Q: True statements?
True statements?
Order signed by judge and filed with court is appealable. Therefore, order denying motion to set aside dismissal against of one of defendants is appealable pursuant 904.1(a)(2).
Since order is immediately appealable,
it will not be subject for later appeal pursuant to section 906.
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A:
Let me help clarify these appellate law statements for you.
The first statement about orders signed by judges being appealable is overly broad and incorrect. Not all court-signed orders are automatically appealable - only those specifically designated by statute or case law as appealable orders can be challenged through the appeals process.
Regarding CCP 904.1(a)(2), this section specifically relates to orders made after judgment. An order denying a motion to set aside dismissal would typically fall under this category, making it appealable. However, the specific circumstances and timing of the motion can affect its appealability.
The third statement about Section 906 contains an error. Even if an order is immediately appealable, Section 906 allows review of intermediate rulings and orders on appeal from the final judgment. The fact that an order could have been appealed earlier doesn't necessarily preclude its review as part of an appeal from the final judgment, though there may be waiver issues to consider depending on the circumstances.
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