This case has been cited 1 times or more.
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2014-04-07 |
BRION, J. |
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| The trial court's denial of the motion to dismiss is not a license for the defendant to file a Rule 65 petition before the CA. An order denying a motion to dismiss cannot be the subject of a petition for certiorari as the defendant still has an adequate remedy before the trial court i.e., to file an answer and to subsequently appeal the case if he loses the case.[29] As exceptions, the defendant may avail of a petition for certiorari if the ground raised in the motion to dismiss is lack of jurisdiction over the person of the defendant[30] or over the subject matter.[31] | |||||