Appellate Review

Question 1

Appellate Courts and Standards of Review

Answer 1

Questions of law—de novo (i.e., appellate court can substitute its judgment for that of trial judge)

Questions of fact—will not be disturbed unless:
> Non-jury decisions (e.g., bench trial)—clearly erroneous
> Jury trials—reasonable jury could not have reached the same conclusion

Mixed questions of law and fact—de novo

Discretionary matters (e.g., evidentiary rulings)—abuse of discretion

Question 2

Final Judgement Rule

Answer 2

Appeal may only be taken from a final judgment, meaning trial court has made an ultimate decision on the merits of the entire case; otherwise, appellate court lacks jx

Exceptions—these orders are appealable without final judgment:
> Injunctions—entitled to interlocutory appeal (see Card 61)
> Certification of class actions—may be appealed (see Card 40)
> Orders involving debatable questions of controlling law

Question 3

Timing

Answer 3

Timing—must file notice of appeal in trial court within 30 days of entry of final judgment

Question 4

Multiple Claims and/or Parties

Answer 4

trial court may enter final judgment as to fewer than all of the claims or parties only on an express determination that there is no just reason for delay

Question 5

Interlocutory Appeals

Answer 5

Interlocutory orders reviewable as of right:

1) Injunctions—orders concerning an injunction
2) Receivers—orders concerning appointment of receivers
3) Patent—orders where only an accounting is left in the case
4) Property—orders affecting property (e.g., attachment)

Interlocutory Appeals Act—appellate court may hear appeal of a non-final order if trial judge certifies that the order involves a controlling issue of law with substantial ground for difference of opinion

Class action—appellate court may review an order granting or denying class certification

Collateral order exception - appellate court may hear an interlocutory appeal on an issue if it is:
> Too distinct from the merits of the case (i.e., collateral)
> Too important to be denied review; and
> Would essentially be unreviewable if parties waited for final judgment

Extraordinary Writ
Party aggrieved by an unappealable order may seek a writ to compel or prohibit lower court action; must show irreparable harm will occur and normal route of appeal is inadequate