When will a motion to dismiss be dismissed because of lack of appellate jurisdiction?

California, United States of America


The following excerpt is from Parker v. Willmark Cmtys., Inc., D069466 (Cal. App. 2017):

10. Defendants also contend that plaintiffs waived the right to file their motion to dismiss by declining to address jurisdiction when this court requested letter briefs. Lack of appellate jurisdiction can be raised at any time. (Ponce-Bran v. Trustees of Cal. State Univ. (1996) 48 Cal.App.4th 1656, 1661, fn. 2). Nevertheless, we encourage parties to address appealability at the earliest opportunity, particularly where, as here, the court has requested their input.

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