Practice question
A final dismissal with prejudice rests on the claim having been paid. Counsel says Primark makes every affirmative-defense dismissal nonappealable. Which distinction matters?
- Rule15 Section13 identifies extinguished claims among with-prejudice grounds subject to appeal
- All affirmative defenses have identical procedural effects
- Payment can never support final disposition
- Only lack of capacity is with prejudice
- The claimant chooses finality by naming it
Legal references
- Philippine Primark v CBC-TAMG GR263887 August19,2024 MAIN, current Rule41 Section1 and Rule15 Section13: https://lawphil.net/judjuris/juri2024/aug2024/gr_263887_2024.html
- International Exchange Bank v Lee GR243163 July4,2022 MAIN complete civil demurrer: https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html
Answer this question in flashcards to review your response and continue practicing.