Sunday, December 11, 2016

Petition for relief from an interlocutory order?

I have always associated a petition for relief  for something that has become final. Almost always the phrase "petition for relief" is accompanied by "judgment."

Which is why I was confused when I read this paragraph on page 198 of Regalado's Remedial Law Compendium, Volume I, 10th Edition:


So, may a petition for relief be made to set aside an order of default?

Checking the decision provides a relief from this conundrum. The SC actually said that:

It has been Our consistent ruling that a default order, being interlocutory, is not appealable but an order denying a motion or petition to set aside an order of default is not merely interlocutory but final and therefore immediately appealable. 

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