§ 14A.058.Dismissal of Claim

The partial dismissal provision, identical in substance to the inmate chapter’s.

The court may enter an order dismissing the entire claim or a portion of it, and where a portion is dismissed shall designate the issues and defendants on which the claim may proceed, subject to the fee and cost provisions.

Partial dismissal is the more useful of the two powers. A filing may raise one claim worth hearing among several that are not, and the alternative — dismissing everything or nothing — serves neither side.

The designation requirement produces a workable order. After a partial dismissal the parties need to know what remains, and inference from what was struck is not good enough.

The cross-reference to the cost sections is a reminder rather than a rule. A surviving claim still carries the payment obligations, and cutting a claim down does not reduce them.

An order under this section is not subject to interlocutory appeal by the civilly committed individual.

That bar has particular force here, given who the litigant is. Civil commitment is indefinite, and a person in the programme has time and reason to pursue every available avenue — so an immediate appeal from each screening order would multiply proceedings without resolving anything.

The limitation is expressed as running against the individual, and the section says nothing about another party.

Ordinary review survives. A final dismissal is appealable in the usual way; what is barred is an immediate appeal from a partial one.