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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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After a civil action has been decided and a final judgment entered, a party files a petition for relief from judgment under Rule 47 on the ground that the judgment was obtained by mistake due to misapprehension of the evidence presented at trial. The trial court issues a single order partially granting the petition (setting aside the judgment as to one issue) and denying it as to the remaining issues. The movant immediately files an appeal from the order, contending that it is a final, appealable disposition. (a) Identify the governing doctrine on matters not appealable in post‑judgment remedies and classify the order as final or interlocutory. (b) State the proper remedy if the order is not appealable. (c) If a final judgment is later entered, may the movant still appeal that final judgment, or is the remedy limited to other avenues? Explain.

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Clara

Hello