Thursday, April 12, 2012

Interlocutory order; proper remedy is certiorari, not appeal. - G. R. No. 183367

G. R. No. 183367

"x x x.

Under Section 1 (c) of Rule 41 of the Rules of Court, no appeal may be taken from an interlocutory order. An interlocutory order is one that does not dispose of the case completely but leaves something to be decided upon.[8] An order granting or denying an application for preliminary injunction is interlocutory in nature and, hence, not appealable.[9] Instead, the proper remedy is to file a Petition for Certiorari and/or Prohibition under Rule 65.[10]

x x x."