Walton v. Magno

In Walton v. Magno (1994) 25 Cal.App.4th 1237, the plaintiffs sued the defendant for malicious prosecution and a judgment in favor of the defendant was entered in accordance with the jury verdict. The court thereafter granted the plaintiffs' motion for judgment notwithstanding the verdict and ordered a trial on damages. The defendant filed an appeal from the order granting the plaintiffs' motion. (Id. at p. 1239.) The appellate court dismissed the appeal as taken from a nonappealable order. It stated that the defendant was "in effect appealing from an interlocutory judgment of liability while the issue of damages had yet to be tried." (Id. at p. 1241.) It also said: "The actions between the parties have not yet been finalized. To permit an appeal at this juncture would result in at least two appeals, a practice which is to be discouraged." (Ibid.)