Appeal

Question 1

FINAL JUDGMENT RULE

Answer 1

FINAL JUDGMENT RULE = generally only allowed to appeal from final judgments

Final Judgment = an ultimate decision from the trial court of the merits of the entire case

HINT: TEST to see if it is a final judgment – ask one question - “after making this ruling, is there anything left that the trial court must do pertaining to the merits of the case?”
YES - NOT a final judgment
NO - A final judgment

MUST file notice of appeal in TRIAL COURT within 30 DAYS after entry of FINAL JUDGMENT

Question 2

INTERLOCUTORY (NON-FINAL) REVIEW

Answer 2

Interlocutory Review = decisions that are appealable although they are not final judgments

Interlocutory Orders = Reviewable as a right: Orders granting, modifying, refusing preliminary or permanent injunctions

Interlocutory Appeals Act: Allows appeal for non-final 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) is essentially unreviewable if parties must await a final judgement

Collateral Order Exception: Appellate Court has DISCRETION to hear ruling on an issue if it:

1. IS DISTINCT from the merits of the case, and….
2. INVOLVES and IMPORTANT LEGAL QUESTION, and…
3. IS ESSENTIALLY UNREVIEWABLE if parties must await a final judgement

(e.g. an arm of the state claiming immunity and a judge stating otherwise. This decision would meet all three parts of the test to get interlocutory review)

Can other parts of the case still proceed?
YES, if there are more than one triable issues then the court may order final judgement on the issues not being appealed.

CLASS CERTIFICATION AND APPEALS:

1. MUST SEEK review of a Class Cert Decision w/in 14 DAYS of the order
2. Court of appeals has discretion to review an order granting or denying cert of the class

Question 3

EXTRAORDINARY WRIT (MANDAMUS OR PROHIBITION)

Answer 3

*VERY RARE

THIS IS AN ORIGINAL Proceeding in Appellate court to COMPEL the TRIAL JUDGE to MAKE or VACATE a particular order

Note: Not a substitute for appeal

Note: Available only if the lower court is violating a clear legal duty

Question 4

STANDARD OF REVIEW FOR APPELLATE COURT

Answer 4

Standard for QUESTIONS OF LAW:
DE NOVO – Ct. of Appeals gives no defference to district judge on maters of law

Situation and Standard for QUESTIONS OF FACT:
1. The Ct. of appeals will generally affirm questions of fact made in a bench trial unless they were clearly erroneous

2. Questions of fact decided upon in a jury trial will be affirmed unless “reasonable people could not have made that finding”

Standard for DISCRETIONARY MATTERS
For matters pertaining to whether to grant a motion to amend a pleading, to allow for permissive intervention, case management orders and other discretionary decisions, the Ct of appeals will affirm unless the district court ABUSED its DISCFRETION

NOTE: this pertains to jury instructions too – issues re: the instruction will be reviewed to see if there was an abuse of discretion