Appealability and Review

Question 1

Which type of trial court disposition is required for an appeal?

Answer 1

the trial court must have come to a “final judgment” (final order) which is a judgment that leaves nothing open to further dispute, terminates the COA, and may then be taken up by an appellate court

TIP: there are exceptions to final order rule that may be heard under interlocutory review

Question 2

Are trial court orders regarding pretrial matters immediately appealable?

Answer 2

NO.

Most pretrial orders, such as discovery orders and denials of summary judgment, may NOT be immediately appealed

TIP: this does NOT mean that these orders may NEVER be reviewed on appeal; such review must simply wait until the entire case may be heard on appeal

Question 3

Is a trial court granting a new trial appealable?

Answer 3

NO.

An order granting a new trial may NOT be appealed; the case must be retried and a new judgment must be issued before an appellate court may review it

Question 4

What is a “partial final order”?

Answer 4

An order by the trial court that resolves some but not all claims in a case

TIP: a partial final order may be appealed if the lower court finds no just reason to delay appeal

Question 5

What are the exceptions to the rule that only final orders are immediately reviewable on appeal?

Answer 5

Although non-final orders are usually NOT immediately reviewable, exceptions include:

-interlocutory orders as of right (injunctions, appointment of receivers; property possession)

-class certifications (denial can be appealed w/in 14 days of entry of the order)

-collateral orders

-final judgments affecting fewer than all claims or parties

-nonappealable orders by writ (mandamus, prohibition) AND OR

-orders falling under the Interlocutory Appeals Act

Question 6

What are the 2 requirements for an appellate court to grant an interlocutory appeal?

Answer 6

An appellalte court will grant an interlocutory appeal when:

1. the trial court certifies that the “order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation AND
2. the appellate court exercises its discretion to grant the interlocutory appeal

Question 7

What is the deadline for filing a notice of appeal?

Answer 7

The notice of appeal must be filed w/in 30 days after entry of the judgment or order appealed from

Question 8

What is the final judgment rule?

Answer 8

a final judgment is an ultimate decision made on the merits of the case

generally only final judgments may be appealed

TIP: some interlocutors orders may be appealed before final judgment