If the appellate court refuses a party's application for a declaration of provisional enforceability, what remedy does this provision allow against that refusal?
General information · Not legal advice
Material to check
In the practice file for an exercise of this kind, we read the ruling the appellate court issued on the application, and the application itself showing which part of the first-instance judgment it covered, since the remedy attaches only to a decision refusing that application.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's chain step by step: where a party applies to the appellate court for a declaration of provisional enforceability on the part of the first-instance judgment against which no challenge has been made, and the court refuses that application by decision, the provision states that an immediate appeal may be taken against that decision.
Another reading notes the narrow scope: the provision names only a decision refusing the application, so a decision granting the application draws no immediate appeal under this text, and the provision itself says nothing about who decides such an appeal, nor about its time, form or effect.
Your judgment
If the ruling grants the application in part and refuses it in part, what in the ruling shows whether there is a refusal that may be appealed?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set a forum, time or form for the immediate appeal, or if a court decision clarifies when a decision counts as refusing the application.