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Interlocutory appeal

Appeal from an interlocutory order. Interlocutory appeals are extremely rare; a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible:

  1. the order must have conclusively determined the disputed question;
  2. the order must “resolve an issue completely separate from the merits of the action”;
  3. the order must be “effectively unreviewable on appeal from a final judgment.”

(Hallock v. Bonner, 387 F.3d 147 (2d Cir. 2004).)

See also

Definition from Nolo’s Plain-English Law Dictionary

An appeal that occurs before the trial court's final ruling on an entire case.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:18 pm