No appeal may be taken from: (a) An order denying a motion for new trial or reconsideration;(b) An
order denying a petition for relief or any similar motion seeking relief from
judgment;(c) An interlocutory order;(d)
An order disallowing or dismissing an appeal;(e) An order denying a motion to
set aside a judgment by consent, confession or compromise on the ground of
fraud, mistake or duress, or any other ground vitiating consent;(f) An order of
execution;(g) A judgment or final order for or against one or more of several
parties or in separate claims, counterclaims, crossclaims and third-party
complaints, while the main case is pending, unless the court allows an appeal
therefrom; and(h) An order dismissing an action without prejudice. In all the
above instances where the judgment or final order is not appealable, the
aggrieved party may file an appropriate special civil action under Rule 65.
(Section 1 of Rule 41) (MARMO
vs. ANACAY, G.R. No. 182585, Nov. 27, 2009, Second Division, Brion, J.).
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