interlocutory appeal – Appeal from an interlocutory order. Interlocutory appeals are extremely rare; a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible:

  • the order must have conclusively determined the disputed question;
  • the order must “resolve an issue completely separate from the merits of the action”;
  • the order must be “effectively unreviewable on appeal from a final judgment.”