Appeal

Question 1

Final Judgment Rule

Answer 1

As a general rule, you can appeal only from final judgments. That means that an ultimate decision by the trial court of the merits of the entire case. Notice of appeal must be filed in trial court within 30 days after entry of final judgment

Question 2

Interlocutory (non-final) review - exceptions to final judgment rule

Answer 2

These may be appealable even though not final judgments:

1) Interlocutory orders reviewable as of right: orders granting, modifying, refusing preliminary or permanent injunctions
2) Interlocutory Appeals Act
3) Collateral order exception
4) When more than one claim is presented in a case, or when there are multiple parties, the trial court may expressly direct entry of final judgment as to one or more of them if it makes an express finding that there is no just reason for delay
5) Class action
6) Extraordinary writ

Question 3

Interlocutory Appeals act

Answer 3

Allows appeal of a nonfinal order if (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 4

Interlocutory Review and the Collateral Order Exception

Answer 4

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

1) is distinct from the merits of the case
2) involves an important legal question, and
3) is essentially unreviewable if parties must await a final judgment

Question 5

Interlocutory Review and Class Action

Answer 5

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.

Question 6

Interlocutory Review and Extraordinary Writ

Answer 6

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 7

Standard of Review by Appellate Court

Answer 7

1) when the district judge decides questions of law, the court of appeals reviews de novo (no deference to the dc)
2) In a non-jury trial, when the district judge determines questions of fact, the court of appeals affirms unless the findings are clearly erroneous
3) In a jury trial, when a judge decides questions of fact, the court of appeals will affirm unless reasonable people could not have made that finding
4) On discretionary matter (granting a motion, etc), the court of appeals will affirm unless the dc abused its discretion
5) No reversal is required if the error is harmless