APPEAL

Question 1

Final Judgment Rule

Answer 1

As a general rule, you can appeal only from final judgments. That means an ultimate decision by the trial court of the merits of the entire case.

Question 2

Timing for filing an appeal and where

Answer 2

File notice of appeal in trial court within 30 days after entry of final judgment

Question 3

To determine if a ruling is a final judgment, ask one question – after making this ruling:

Answer 3

does the trial court have anything left to do on the merits of the case?

If the answer is yes, it is not a final judgment.

Question 4

Is denial of a motion for summary judgment final?

Answer 4

No. After denying summary judgment, the trial court still has the entire case before it.

Question 5

Is grant of a motion for new trial final?

Answer 5

Not Final - TC must hold the new trial

Question 6

Is denial of a motion for new trial final?

Answer 6

Final - you must appeal within 30 days of the denial

Question 7

Is a grant of a motion to transfer the case to another district final?

Answer 7

Not Final

Question 8

Is grant of a motion to remand to state court final?

Answer 8

Generally Not Final

Question 9

Interlocutory (Non-Final) Review

Answer 9

May be appealable even though not final judgments.

Interlocutory orders reviewable as of right: orders granting, modifying, refusing preliminary or permanent injunctions.

Question 10

Interlocutory Appeals Act allows appeal of nonfinal order if…

Answer 10

(a) trial judge certifies that it involves a controlling issue of law
(b) as to which there is substantial ground for difference of opinion and the
(c) court of appeals agrees to hear it.

Question 11

“Collateral order” exception

Answer 11

Appellate court has discretion to hear ruling on an issue
if it:

(a) is distinct from the merits of the case,
(b) involves an important legal question, and
(c) is essentially unreviewable if parties must await a final judgment.

Question 12

P sues D. D files a counterclaim against P. The court enters summary judgment in favor of D on the first claim. This is not appealable as a final judgment because the counterclaim is still pending. Could the trial court expressly direct entry of a final judgment on the first claim and allow appeal of that issue now?

Answer 12

Yes - if it also expressly finds there is no just reason for delay

Question 13

Class action

Answer 13

Court of appeals has discretion to review an order granting or denying certification of class action. Must seek review at the court of appeals within 14 days of
order. Appeal here does not stay the proceedings at trial court unless the court of appeals or district court says so

Question 14

Extraordinary writ (mandamus or prohibition)

Answer 14

An original proceeding in appellate court to compel the trial judge to make or vacate a particular order. Not a substitute for appeal; available only if the lower court is violating a clear legal duty.

Question 15

When the district judge decides questions of law, by what standard does the court of appeals review?

Answer 15

De Novo - appellate court will make an independent judgment and give no deference to the trial judge’s decision

Question 16

Judge gives a jury instruction that put the burden of proof at trial on the wrong side. Why does the court of appeals review that de novo?

Answer 16

The content of a jury instruction is a question of law

Question 17

In a non-jury trial, when the district judge determines questions of both law and fact, the court of appeals will affirm unless:

Answer 17

the findings are clearly erroneous

And due regard must be given to the trial judge’s opportunity to assess credibility of witnesses at trial.

Question 18

In a jury trial, when the jury decides questions of fact, the court of appeals will affirm unless:

Answer 18

complete absence of proof on a material issue

Question 19

On discretionary rulings (e.g., whether to grant a motion to amend pleadings, to allow permissive intervention, case management orders), the court of appeals will affirm
unless:

Answer 19

the district court abused its discretion

Question 20

We saw above that the content of jury instructions is reviewed de novo. But what about review of the trial judge’s decision whether to give a particular instruction?

Answer 20

That is reviewed for abuse of discretion

Question 21

Not every error (even an error of law) requires reversal on appeal. No reversal is required if the error is:

Answer 21

Harmless