Questão jurídica principal
Whether the public-law appeal was admissible against the interlocutory refusal to order an expert report.
Decisão extraída
The refusal was an incidental decision, and no irreparable legal prejudice was shown; the appeal was therefore not admissible under Art. 87 OJ.
Fundamentação extraída
The measure concerned only an intermediate step in the civil proceedings. Any prejudice was merely factual: if the merits were later favorable, no harm remained; if unfavorable, the parties could challenge the final judgment and then raise the evidentiary complaint.