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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Two civil actions are pending in the Regional Trial Court, Branch 6, Borongan City: Action A (Atlas Realty, Inc. v. Dizon) for reconveyance of Lot 156 and possession; Action B (Dizon v. Atlas Realty, Inc.) for damages arising from the same encroachment on Lot 156. The actions involve common questions of law and fact (title to Lot 156, possession, and the encroachment) and are in the same court. A single motion to consolidate under Rule 31 is filed; Dizon opposes, arguing that the remedies and parties are distinct and consolidation would prejudice their rights. (a) Decide whether consolidation is proper under Rule 31, explaining the controlling standard and the circumstances in which it may be ordered. (b) If consolidation is proper, describe the effect on pleadings, trial, and entry of judgments; if not, state the appropriate alternative. (c) If consolidation would prejudice any party, set out the grounds for severance and the procedure the court should follow.

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Clara

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