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How does "consolidate" and "consider" differ in multiple cases on appeal?

Manteca, CA |
Filed under: Lawsuits and disputes

with three appeals emanating from the same case, the COA denied the request to consolidate the cases but said it would consider them together for augmenting, oral testimony, briefing and decision.

Thank You--

Attorney Answers 2


They are not combining them all together under one case number (consolidate) but they will look at them all at the same time, read the briefs together and analyze them in relation to one another when making their decisions.

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Thank you for your reply. The appeals all came from the same case. the first appeal they said was interlocutory and dismissed it. If they were going to consider them together shouldn't they consider the issues from the first appeal rather than ignore them? Thank You--again--

Heather Morcroft

Heather Morcroft


An interlocutory appeal is a non-final appeal and not all non-final orders are appealable. Some orders have to wait until the case is over until they are addressed - the theory being that they will be resolved during the course of the case. So only certain types of orders that cause irremediable harm, will be considered as appealable before the case is over. An example is the issue of qualified immunity, another example is an order for an invasive physical or mental examination. So the issues from that appeal may be moot by the time of the final appeal.


Also, this means of considering the cases together also allows for judicial economy and consistency. This way you won't have three separate matters arising out of the same issues meandering through the court and resolved by three separate appellate panels. This saves time for both you and makes sure that the same panel resolves all issues presented in your cases.

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