Appealability and Review

Question 1

When are interlocutory review available?

Answer 1

1. Interlocutory orders - orders either asserting provisional relief or made upon motion or application during the trial but before final judgment.
2. Collateral order doctrine - Appellate review is authorized for an interlocutory order rendered by a trial judge that:
   a. conclusively determines the disputed question;
   b. resolves an important issue completely separate from the merits of the action; and
   c. is effectively unreviewable on appeal from a final judgment.
3. Injunctive relief - Federal courts have subject matter jurisdiction over appeals from an interlocutory order of the trial court that grants, denies, continues, modifies, or dissolves an injunction.
4. Certification of interlocutory orders - Federal trial court may certify an order for appeal when:
   a. the order involves a controlling question of law as to which a substantial ground for difference of opinion exists; and
   b. an immediate appeal from the order may materially advance the termination of the litigation.
5. Extraordinary writs.
6. Multi-claim or multi-party judgments - When a final decision has been made on at least one of the claims in a multi-claim or multi-party case, the trial judge may direct the entry of a final judgment as to that claim by a finding on the record that there is no reason to delay judgment.

Question 2

What is the final judgment rule?

Answer 2

Generally, only final judgments are subject to review.

It is generally defined as one that disposes of all issues as to all of the parties, it disposes of the entire case.

Question 3

What is the scope of review for judge and jury?

Answer 3

There are restrictions on what is reviewable:

1. with few exceptions, courts will not review errors that are not on the record of the trial court proceedings; and
2. errors that do not affect substantial rights will be labeled harmless and may be unreviewable.

Conclusions of law will be reviewed de novo. Factual findings may be disturbed only if clearly erroneous. Other discretionary determinations will be affirmed absent abuse of discretion.