After Final Judgement Flashcards
1291 Judicial Code
Right to Appeal Final Decisions
- Final JUDGEMENTS
Can not go to court of appeals until district court wraps up case
- File notice of appeals in DISTRICT COURT within 30 days of final judgement
How do you know if there was a final judgement?
After making this order does not district court have anything left to do on the merit of this case?
Cost and attorney fees are excluded (not merits)
Interlocutory Order
exception from final judgement
Any order that is not a final judgement
(1) Statute from judicial code (1292a)
Right to appeal even if not final judgement example: (injunction)
Give the examples…….
(2) 1292b if the trial judge finds, (1) controlling question of law
(2) substantial grounds for difference of opinions
If the district judge finds those things AND court of appeal agrees to hear it
Interlocutory under FRCP
23f
allows ct. of appeals discretion to hear an appeal granting or denying class action
54b
multiple claims multiple parties (district judge can expressly enter final judgement to one or more of those parties or claims) +
District judge must make express finding for no just reason for delay
Ex. Summary judgement for counter claim- isn’t final judgement b/c other issues BUT can use 54b exception
Collateral Order Rule
(1) This is an important issue and is separate from the merits
(2) Courts Order COMPLETELY resolves the issue
(3) That is effectively Unreviewable if we have to wait for final judgement
Court of APPEALS has DISCRETION to hear that issue
D has immunity from SUIT (11th amend.)
not
LIABILITY
Extraordinary Writ
Not an “appeal”
Bringing a new, separate, ind. action to the court of appeals
Writ from Appeals, will be given to district judge
“District court failing to do something or is acting beyond the court’s jurisdiction”
Standards of Appellate Review
(1) Questions of Law
- Reviews the questions of Law DE NOVO
No deference to what district judge said
If the question of fact was decided by the judge, the court of appeals will affirm unless it was clearly erroneous
- Jury decided question of fact, then MUST follow unless
no reasonable juror could have made that conclusion
Discretionary matters decided by district courts/ on appeal those matter would
Court appeal will affirm unless the district court abused its discretion
An appeals court will defer to the trial court’s findings of fact to a great extent, but won’t defer on findings of law. Thus, you have to distinguish between findings of fact and law. How do you do so?
t’s not as easy as it would seem. While there are findings that are clearly legal (e.g., interpreting wills, contracts, and the like) and findings that are clearly factual (e.g., on credibility), there is a large gray area, including things like negligence (although the appeals court will generally defer to jury findings on negligence).
Factors pointing to a factual issue include: The finding relates to occurrence of a past event; or it’s based on testimony, or it cannot be determined by referring to general policy or to a statute.
RELATED ISSUE: On discretionary rulings, like a new trial order on a jury verdict contrary to the clear weight of the evidence, the appeals court generally won’t substitute its discretion for that of the trial judge in the absence of clear abuse.
Are new trial orders appealable ?
No—a new trial order is not appealable in federal courts. The case will have to be retried and proceed to judgment before appeal is possible.
STATE RULE: Some states allow immediate appeal from a new trial order.
RELATED ISSUE: Suppose the new trial motion is denied. The denial will lead to the entry of a final judgment. The final judgment is appealable.
NOTE: Other orders that are appealable include those that vacate a judgment or stay its execution.
