Litigation
Aug. 23, 2016
For whom the 'death knell doctrine' tolls in state courts
Despite the Legislature's attempts to eliminate uncertainty regarding questions of appealability, a recent decision from the 1st District Court of Appeal reminds us that conundrums can still arise. By Zareh A. Jaltorossian and Jeffrey P. Fuchsman
Unlike many areas of the law, questions of appealability are not supposed to be open to debate. Appealability is governed strictly by statute. Code of Civil Procedure Section 904.1, along with a few other statutes, spell out exactly what judgments and orders can be appealed, and any ruling not made expressly appealable by statute cannot be challenged by direct appeal.
But despite the Legisl...
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