Wednesday, March 26, 2008

state appellate procedure - interlocutory appeal - PRAP 341

Druot et al. v. Coulter et al. - Superior Court - March 26, 2008

Plaintiffs' appeal of order granting summary to defendants on all counts of plaintiffs' complaint was not a final, appealable order under P.R.A.P. 341 where the trial court order did not dispose of any of the defendants' counterclaims.

Where an order determines "fewer than all of the claims" in the case, PRAP Rule 341(c) allows an interlocutory appeal "only upon an express determination that an immediate appeal would facilitate resolution of the entire case."