What is the test for determining whether a decree is final or interlocutory?

California, United States of America


The following excerpt is from JOHN DOE v. FRANCISCAN FRIARS OF CALIFORNIA, INC., B215775, No. 4286 (Cal. App. 2010):

"It is the substance and effect of the adjudication, and not the form, which determine if the order is interlocutory and nonappealable, or final and appealable. [Citation.] If no issues in the action remain for further consideration, the decree is final and appealable. But if further judicial action is required for a final determination of the rights of the parties, the decree is interlocutory. [Citation.] The decree will not be appealable 'unless it comes within the statutory classes of appealable interlocutory judgments.' [Citations.]" (Doran v. Magan, supra, 76 Cal.App.4th at p. 1293.)

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