Once in a while, in every piece of litigation, a seemingly small trial court order can mean the whole case. An order requiring your client to re-enact the scene of an accident. An order waiving privilege for emails about an expert witness. An order refusing to stay a sheriff’s sale before trial.

Following the courts’ ordinary, regular practice, you would need to await the court’s ruling to make your objection and preserve the issue for appeal after final judgment. In the appeal, the Court of Appeal is required to take jurisdiction, resolve the issues on their merits, and issue a written opinion after affording the parties an opportunity for oral argument. If the Court of Appeal determines there has been prejudicial error, it will reverse the trial court’s decision.

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