Questão jurídica principal
Is the appeal against the refusal to order a separate judgment on a preliminary issue admissible?
Decisão extraída
No. The challenged ruling is not immediately appealable, and the appeal does not fit the narrow exceptional avenues recognized by case law.
Fundamentação extraída
Under Art. 286 al. 3 CPC, an order on disjunction is not subject to immediate appeal. A refusal to disjoin or to decide separately is likewise not an appealable main judgment. The file shows no refusal to enter into the request, only a rejection on the merits; therefore the exceptional non-contentious remedy for a grossly mistaken formal refusal does not apply.