Appeals Flashcards
Final Judgment Rule
A party may generally appeal only from a final judgment
Interlocutory Appeals
Some interlocutory orders are appealable as of right
Certified Interlocutory Appeals
(1) Trial judge must certify the order for interlocutory appeal; and
(2) Court of appeals must agree to take the appeal
Filing a Motion for Certification
Must be filed within 30 days of interlocutory order
Response to Motion for Certification
Must be filed within 15 days of service of motion
Certification Grounds
(1) Appellant will suffer substantial expense, damage, or injury if the order is erroneous
(2) Order involves substantial question of law
(3) Remedy by appeal is otherwise inadequate
Appeal Procedure: Initiating Appeal
An appeal is initiated by the filing of a notice of appeal with the clerk of the trial court
Appeal Procedure: Timing
Notice of appeal must be filed within 30 DAYS after final judgment