Thursday, June 11, 2015

DISTINCTION BETWEEN FINAL AND INTERLOCUTORY ORDER: | MVP Law | Philippines

See- DISTINCTION BETWEEN FINAL AND INTERLOCUTORY ORDER: | MVP Law | Philippines





"x x x.

DISTINCTION BETWEEN FINAL AND INTERLOCUTORY ORDER:

   The first disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing more to be done except to enforce by execution what the court has determined, but the latter does not completely dispose of the case but leaves something else to be decided upon. An interlocutory order deals with preliminary matters and the trial on the merits is yet to be held and the judgment rendered. The test to ascertain whether or not an order or a judgment is interlocutory or final is: does the order or judgment leave something to be done in the trial court with respect to the merits of the case? If it does, the order or judgment is interlocutory; otherwise, it is final.

x x x."