Appellate Review

Question 1

Interlocutory Appeals - Injunctions

Answer 1

If an order is not final, a party may be allowed to appeal orders pertaining to injunctive relief. Orders granting, modifying, or refusing preliminary or permanent injuctions are reviewable as a right. This type of review does not include temporary restraining orders unless the temporary restraining order has been renewed beyond 28 days thereby making it a preliminary injunction.

Question 2

Final Judgment Rule

Answer 2

A party has a right to appeal if the court’s order is a final judgment. A final judgment is one that determines the merits to the entire case.

Question 3

Interlocutory Appeals Act

Answer 3

The Interlocutory Appeals Act allows appeal of a non-final order if: (1) the district judge certifies that it involves a controlling issues of law; (2) as to which there is substantial ground for difference of opinion; and (3) the court of appeals agrees to hear it.

Question 4

Collateral Order

Answer 4

The appellate court has discretion to hear an appeal on an issue if that issue is distinct from the merits of the case, involves an important legal question, and is essentially unreviewable if parties await a final judgment.

Question 5

Standards of Review

Answer 5

When the district judge decides questions of law, the court of appeals uses a de novo standard meaning no deference is given to the district judge. When the district judge determines questions of fact, the court of appeals will affirm unless the findings are clearly erroneous. When the district judge has discretion, the court of appeals reviews using deferential abuse of discretion standard.