Section 15-703

Citation: Section 15-703
Parent Document: Landise v. Mauro, 927 A.2d 1026 (2007)
Jurisdiction: DC (municipal)
Effective Date: 2007-05-31
Original Source: https://www.courtlistener.com/opinion/5143156/landise-v-mauro/ ↗

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In addition, the order in this case is not appealable under the collateral order doctrine because the third Cohen requirement, that an order be “unreviewable on appeal from a final judgment,” is not met. The collateral order doctrine “allows appeal only of orders affecting rights that will be irretrievably lost in the absence of an immediate appeal.” Hammond v. Weekes, 621 A.2d 838, 842 (D.C.1993) (internal quotation marks omitted), cert. denied, 510 U.S. 1051, 114 S.Ct. 707, 126 L.Ed.2d 673 (1994). Here, Landise is appealing an order granting, not denying, security. The Sixth Circuit has observed that “[t]he courts of appeals have uniformly held that orders granting [prejudgment] security are not immediately appealable under Cohen, reasoning that there is no risk of important loss if prejudgment security is granted since the interest of both parties is adequately protected.” Hitachi Zosen Clearing, Inc. v. Tek-Matik, Inc., 846 F.2d 27, 29 (6th Cir.1988) (emphasis in original).

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