Appeals

Question 1

GDC to Circuit court

Answer 1

1) Require a final judgement amount of more than 20 dollars

2) Losing party must file a notice of appeal within 10 days of entry

3) Standard is de novo on all issues. If D is appellant, court may permit P to increase Ad damnum caluse

Question 2

Circuit court to court of appeals (appealable as of right)

Answer 2

1) Must file in circuit court within 30 days of order or final judgement that is being appealed

2) if appellant fails to make timely notice, court of appeals lacks JDX to hear the case

Standard of review is de novo for law and high deference for fact

Question 3

Interlocutory orders that are appealable as of right

Answer 3

Orders issued during a pendency of a suit

1) Order granting injunctive relief

2) Certified orders

3) Collateral orders

Question 4

Certified orders

Answer 4

Court has the power to “certify” an issue for immediate appeal if:

1) The issue is based on a controlling question of law

2) There is a substantial ground for difference of opinion

3) Resolution will materially advance litigation

4) The parties consent to certification

Question 5

Collateral orders

Answer 5

An order the conclusively resolves an important question that is separate from the merits and and would be effectively unwaivable if the losing party were forced to wait until the conclusion of the suit to appeal (look for order declaring that a party is not immune from a suit)

Question 6

Objection in lower court

Answer 6

A party may not appeal a decision unless that party objected in lower court
If the appellant failed to object, the court of appeals will only argument for ‘

1) good cause shown ‘

2) if issue goes to the jurisdiction of the trial court

3) to attain the justice

Question 7

Court of Appeals to SC

Answer 7

Generally, the
Appellant must file notice of appeal in court of appeals within 30 days of adverse ruling being appealed

Appellant must also file a petition in review in SC within 30 day of adverse ruling

The supreme court hears, as of right, appeals from

1) a final decision, judgment, or order of a circuit court involving a petition for habeas corpus

2) any final finding decision order or judgment of the SCC

3) a judgment by a three judge panel of the circuit court discipling an attorney or

4) a decision by a circuit court punishing professional LLC for willful failure to comply with ethical standards

Question 8

Declaratory judgments

Answer 8

Does not seek relief other than a judicial declaration of rights
Requires an actual controversy over the rights in question
Should not be used when another form of action is available (like when you can sue for breach of k)
Must be filed in circuit court in the proper venue