What is the test for a direct appeal of an order dismissing an action?

California, United States of America

The following excerpt is from Eng v. Yoch, A130714 (Cal. App. 2011):

We may only review on direct appeal "(1) an appealable order or (2) an appealable judgment." (Griset v. Fair Political Practices Com. (2001) 25 Cal.4th 688, 696.) The issue of appealability cannot be waived: even if no party has raised it, this court must decide whether it has jurisdiction. (In re Marriage of Griffin (1993) 15 Cal.App.4th 685, 689.) We exercise our discretion to construe plaintiff's appeal as being taken from the order dismissing the action with prejudice.

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