Appeal

Question 1

How long do parties have to appeal final judgments?

Answer 1

30 days of entry of final judgment

Question 2

What are the interlocutory orders appealable as of right?

Answer 2

Orders granting, modifying, or refusing preliminary or permanent injunctions

Question 3

What does the Interlocutory Appeals Act allow?

Answer 3

Appeal of a nonfinal order if:

1. Trial judge certifies it involves a controlling issue of law;
2. There is substantial ground for difference of opinion; AND
3. Court of appeals agrees to hear it

Question 4

What is the “collateral order” exception?

Answer 4

Appellate Ct may hear rulings on an issue IF the issue:

1. Is distinct from merits of the case,
2. Involves an important legal question, AND
3. Would be rendered essentially unreviewable on appeal of a final judgment

Question 5

What is the standard of review for questions of law?

Answer 5

De novo

Question 6

What is the standard of review for questions of fact in a non-jury trial?

Answer 6

Findings are clearly erroneous

Question 7

What is the standard of review for questions of fact in a jury trial?

Answer 7

Reasonable people could not have made that finding

Question 8

What is the standard for review for discretionary matters?

Answer 8

Abuse of discretion

Question 9

What is the standard for refusing to reverse errors on appeal?

Answer 9

Harmless error