This case has been cited 1 times or more.
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2000-01-18 |
MENDOZA, J. |
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| Third. There is another reason why review of the trial court's order cannot be made. Petitioner does not dispute the fact that, as observed by the Court of Appeals, its notice of appeal referred only to the order of the trial court denying its Motion for Reconsideration and not the order of dismissal of its complaint as well.[17] Such failure is fatal. Rule 37, §9 of the Rules of Civil Procedure provides that an order denying a motion for reconsideration is not appealable, the remedy being an appeal from the judgment or final order. On the other hand, Rule 41, §1(a) of the same rules also provides that no appeal may be taken from an order denying a motion for reconsideration. It is true the present Rules of Civil Procedure took effect only on July 1, 1997 whereas this case involves an appeal taken in February 1995. But Rule 37, §9 and Rule 41, §1(a) simply codified the rulings in several cases to the effect that an order denying a motion for reconsideration is interlocutory in nature[18] and, therefore, is not appealable.[19] These rules, therefore, are not really new. | |||||