Appeals Flashcards
1291
Appeals from a final judgment
court of appeals can only review when nothing left to do but execute the judgment
notice of appeal must be filed 30 days after entry of judgment
What happens if someone wants to appeal but a 50(b) or 59 motion
50(b): RJMOL and 59 (new trial)
Appeal must be made 30 days after the decision has been made on those
Name all 6 exceptions to 1291
1292
Rule 54(b)
Collateral order
Write of Mandamus
23(f)
Contempt order
What is Rule 54(b)
trial court can enter final judgments on some but not all claims - those are appealable.
Collateral order
permits appeals of interim trial court orders that are unrelated to the merits of the action and will not be susceptible to review on appeal of final judgment (like sovereign immunity)
Writ of mandamus
petitions court of appeals for an order directing the district court judge to withdraw the contested order
the judge needs to be disqualified for abuse of discretion
23(f)
court of appeals may permit an appeal from an order granting / denying class action certification
party must file permission to appeal within 14 days after order is entered
Contempt order
Party wants something appealed but no final judgment or any exceptions are available so, do something to get issued a contempt order
If party violates contempt order –> appealable.
Risky
Scope of review - 4 types
- De Novo
- Clear error
- Abuse of discretion
- mixed questions
De novo review
for legal issues
no deference to lower court, total redo
lower court can be persuasive
Clear Error review
should only review if facts are clearly erroneous
deferential
Abuse of discretion review
most deferential to trial courts ability to manage their own affairs
review of pretrial and trial processes
Mixed question review
legal q: de novo
Factual q: clear issue
