Is an order denying a motion for reconsideration separately appealable?

California, United States of America


The following excerpt is from San Francisco Human Servs. Agency v. B.J. (In re B.T.), A139177, A139876 (Cal. App. 2014):

6. "There is a split of authority as to whether an order denying a motion for reconsideration is separately appealable. (In re Marriage of Burgard (1999) 72 Cal.App.4th 74, 80-81 [84 Cal.Rptr.2d 739].)" (Morton v. Wagner, supra, 156 Cal.App.4th at p. 968.) However, this issue was not raised by any party and we, thus, decline to enter into the legal fray, particularly where, as here, the underlying issue relates to subject matter jurisdiction.

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