Appeal

Question 1

Final judgment rule

Answer 1

Only final judgments may be appealed. A final judgment is an ultimate decision made by the trial court on the merits of an entire case.

Question 2

Exceptions to the final judgment rule

Answer 2

Despite the final judgment rule, the following orders may be appealed:

a. Injunctions and some interlocutory orders.
b. Trial court certifies an interlocutory order for appeal.
c. Collateral orders, such as those regarding procedural issues.
d. Multiple claims or parties are involved in the case and some issues are pending, but the issue is resolved as to one claim or party and the judge expressly determines that the order as to that party is final. California: A judgment as to one of several parties is considered a final judgment and can be appealed. Unlike the federal rule, an express determination is not required.
e. Extraordinary writ: If an order is not otherwise appealable and the circumstances are exceptional, the aggrieved party may seek a writ of mandate to compel the lower court to act, or refrain from acting.

Question 3

Time limits for appeals

Answer 3

1. Federal: Must file notice of appeal within 30 days after entry of final judgment.
2. California: Must file notice of appeal within 60 days after service of notice of entry of judgment; or 180 days after entry of the judgment if no notice is served.