California, United States of America
The following excerpt is from Brown v. Memorial Nat. Home Foundation, 158 Cal.App.2d 448, 322 P.2d 600 (Cal. App. 1958):
It is well settled, of course, that the denomination of a judgment as 'interlocutory' is by no means determinative of its finality for purposes of appeal. It is the substance and effect of the judgment which determines its finality. Lyon v. Goss, 19 Cal.2d 659, 669-670, 123 P.2d 11; In re Los Angeles County Pioneer Society, 40 Cal.2d 852, 857-858, 257 P.2d 1.
As stated in Lyon v. Goss, supra, 19 Cal.2d at pages 669 and 670, 123 P.2d at page 17: 'A decree in equity which is denomintated 'interlocutory' and directs a further hearing for certain purposes, may make so complete and final an adjudication of all issues of fact and law as to constitute a 'final judgment' within the meaning of that term as used in the statutes concerning appeals. The problem of determining whether a particular decree is essentially interlocutory and nonappealable, or whether it is final and appealable is often a difficult one.'
Lyon v. Goss, supra, 19 Cal.2d at page 670, 123 P.2d at page 17, provides us with a general test as follows: 'As a general test, which must be adapted to the particular circumstances of the individual case, it may be said that where no issue is left for future consideration except the fact of compliance or noncompliance with the terms of the first decree, that decree is final, but where anything further in the nature of judicial action on the part of the court is essential to a final determination of the rights of the parties, the decree is interlocutory.'
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