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Question

III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)

A and B are co-owners of a piece of land. A filed a complaint for partition with the Regional Trial Court (RTC) against B. During the pendency of the case, A sold his rights over the land to X. The RTC rendered a decision ordering the partition of the land. However, B filed a motion for reconsideration arguing that the sale of A's rights to X was void because it was made without B's consent. Meanwhile, X filed a motion to consolidate the case with another case pending before the RTC involving the same piece of land but with different parties. The RTC denied B's motion for reconsideration and granted X's motion to consolidate. B now seeks your legal advice.

Based on the given scenario, discuss the following:

1. Can B file an appeal before the Court of Appeals (CA) with respect to the RTC's denial of the motion for reconsideration? Explain your answer.
2. Can B file a motion to sever the consolidation of the cases before the RTC? Explain your answer.

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Answer