Practice question
After denial of a timely proper reconsideration motion, a losing party wants an appellate court to reweigh evidence. It deliberately lets the available ordinary appeal expire, then labels the denial void without showing a jurisdictional defect. Which is best?
- The label automatically revives ordinary review
- Every missed appeal creates a Rule65 right
- The denial’s nonappealability does not justify using certiorari as a routine substitute for a lost appeal against mere judgment error
- A new caption makes the judgment interlocutory
- The opponent must consent to reopening
Legal references
- Rule37 Section9; Rule65 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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