Practice question
A court dismisses an action without prejudice. A party argues that ending the current proceeding necessarily makes ordinary appeal the proper remedy despite Rule 41's express list. What is correct?
- Every termination is appealable regardless of the list.
- Dismissal without prejudice is expressly excluded from ordinary appeal under Rule 41, Section 1(g).
- Only the clerk can change the rule.
- The plaintiff's preference automatically creates an appeal.
- The order becomes interlocutory solely because of its title.
Legal references
- https://lawphil.net/judjuris/juri2024/aug2024/gr_263887_2024.html — Philippine Primark Properties v. China Banking Corporation Trust and Assets Management Group, G.R. 263887, August 19, 2024, main opinion, Rule 41 Section 1 discussion.
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