What is the test for dismissing an appeal from a nonappealable order?

California, United States of America


The following excerpt is from In re Estate of Whitehurst, F053122 (Cal. App. 12/5/2008), F053122 (Cal. App. 2008):

"It is of course fundamental that an appellate court has no appellate jurisdiction to entertain and pass upon an appeal from a nonappealable order. [Citations.] If it be determined that the appeal is from a nonappealable order and the reviewing court is without appellate jurisdiction, that court has no recourse other than to dismiss the appeal on its own motion. [Citations.]" (Efron v. Kalmanovitz (1960) 185 Cal.App.2d 149, 152.)

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