ANOMALOUS-JURISDICTION RULE

ANOMALOUS-JURISDICTION RULE

anomalous-jurisdiction rule ([schwa]-nom-[schwa]-l[schwa]s). The principle that a court of appeals has provisional jurisdiction to review the denial of a motion to intervene in a case, and if the court of appeals finds that the denial was correct, then its jurisdiction disappears ¡ª and it must dismiss the appeal for want of jurisdiction ¡ª because an order denying a motion to intervene is not a final, appealable order. ? This rule has been criticized by courts and commentators. Many appellate courts, upon finding that the trial court properly denied a motion to intervene, will affirm the denial instead of dismissing the appeal for want of jurisdiction. ¡ª Sometimes shortened to anomalous rule. [Cases: Appeal and Error 329, 782; Federal Courts 555, 587. C.J.S. Appeal and Error ¡ì¡ì 32, 241¨C242.]
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