However, Litigant’s Appeal Of A Subsequent Judgment Where An Incorrect Allocation Was Made Could Be Appealed.
The next case bears an important reminder to litigants and their attorneys: interlocutory partition judgments are expressly appealable under CCP § 904.1(a)(9).
That reality led to a dismissal of appeal challenging the 50/50 allocation for failure to timely appeal in Seaboard, Inc. v. Cloutier, Case No. E082180 (4th Dist., Div. 2 Dec. 8, 2025) (unpublished). However, it did not prevent an appeal of subsequent allocations (as long as 50/50), with appellate court finding an abuse of discretion occurred such that it determined the proper allocations under the 50/50 formula and remanded the judgment to set forth the correct allocations.