5. Appeal Flashcards
Final Judgment Rule
As a general rule, a party can appeal from final judgments (ultimate decision by the trial court on the merits) of the entire case if he files notice of appeal in trial court within 30 days after entry of final judgment.
How do you determine if a judgment is final?
examples
Question: Does the trial court have anything left to do on the merits of the case?
Summary Judgment denial: no,the entire trial is before it
Motion for New Trial grant: no, trial court must hold new trial
Motion for New Trial denial: no, 30 days to appeal
Change of Venue grant: no, case still pending at district
Motion to Remand grant: no, by statute
Interlocutory (Non-Final) Review
Decisions may be appealable even though not final judgment
Which interlocutory orders are reviewable as of right?
Orders granting, modifying, refusing preliminary or permanent injunctions
Interlocutory Appeals Act
Allows appeal of nonfinal order if
(i) trial judge certifies that it involves a controlling issue of law
(ii) as to which there is substantial ground for difference of opinion AND
(iii) court of appeals agrees to hear it
“Collateral Order” Exception
interlocutory review
Appellate Court discretion to hear ruling on an issue if it
(i) is distinct from the merits of the case
(ii) involves important legal question, and
(iii) is essentially unreviewable if parties await a final judgment
(ex. 11th A immunity from suit)
What if there is more that one claim or parties in a case?
interlocutory review
The trial court may expressly direct entry of a final judgment as to one or more of them if it makes an express finding that there is no just reason to delay
Class Action (interlocutory review)
Court of Appeals has discretion to review an order granting or denying certification of class action if sought within 14 days of the order. Appeal doesn’t stay the proceeding unless court of appeals or district court says so.
Extraordinary Writ (Mandamus or Prohibition)
An original proceeding in appellate court to compel the trial judge to make or vacate a particular order only if lower court is violating a clear legal duty
Standard of Review by Appellate Court
Questions of LAW: de novo, no deference to district judge
Questions of FACT (BENCH): affirm unless finding are clearly erroneous giving due regard to trial judge’s opportunity to assess credibility of witnesses at trial
Questions of FACT (JURY): affirm unless reasonable people could not have made that finding
DISCRETIONARY Matters: affirm unless district court abused her discretion, don’t substitute judgment (motion to amend pleadings, permissive intervention, case management orders)
NOTE: content of jury instruction (law) but whether to give a particular one (discretion)
