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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

An RTC denies a motion to dismiss, leaving trial of the main action pending. The defendant alleges only an ordinary error of judgment and assumes that nonappealability automatically guarantees certiorari. Which is correct?

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Every interlocutory ruling must be reversed on certiorari. The interlocutory ruling itself finally adjudicates all claims. The order is interlocutory, but a Rule65 petition still requires its own jurisdictional grounds and absence of a plain, speedy and adequate remedy. The phrase 'Rule65' automatically proves grave abuse.

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