How have courts treated the issue of appealability when the issue was not raised by the parties?
California, United States of America
The following excerpt is from Otay Land Co. v. UE Ltd., D076415 (Cal. App. 2021):
We do not treat the appealability issue as forfeited. The question of appealability directly affects our jurisdiction such that we are "dutybound" to consider the issue even if not raised by the parties. (Olson v. Cory (1983) 35 Cal.3d 390, 398.)
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