Practice question
An ordinary without-prejudice dismissal is challenged by notice of appeal alone. No special appeal rule applies. Counsel ignores Rule41 Section1’s express list. Which is correct?
- Only the clerk may select an appellate remedy
- Every without-prejudice dismissal is ordinarily appealable
- The phrase without prejudice commands an appeal
- A notice necessarily changes the order into with prejudice
- The ordinary appeal route is barred for that listed order
Legal references
- Current2019 Rules17 Sections2–3 and15 Section9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rule17 Sections1 and4 and Rule41 Section1 continuing provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
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