Appellate Review

Question 1

Final Judgment Rule

Answer 1

• Generally can only appeal from final judgments
• Must have the ultimate deciion by trial court on case merits
• File notice of appeal in trial court wihtin 30 days of final judgment
• Final if after making order, does the judge have anything left on the merits

Question 2

Interlocutory Review

Answer 2

• Interlocutory orders reviewable as of right: orders granting, modifying, refusing, etc. injunctions; appointing, refusing to appoint receivers; findings of patent infringement where only an accounting is left to be accomplished by trial court; orders affecting possession of property, e.g., attachments.
• When more than one claim is presented in a case (e.g., claim and counterclaim), or when there are multiple parties, the trial court may expressly direct entry of a final judgment as to one or more of them if it makes an express finding that there is no just reason for delay.

Question 3

Interlocutory Appeals Act

Answer 3

Interlocutory Appeals Act. Allows appeal of nonfinal order if trial judge certifies that it involves a controlling issue of law as to which there is substantial ground for difference of opinion and the court of appeals agrees to hear it

Question 4

Collateral Order Exception

Answer 4

Appellate court has discretion to hear ruling on an issue if it (a) is distinct from the merits of the case, (b) involves an important legal question, and (c) is essentially unreviewable if parties must await a final judgment (e.g., claim of immunity from suit, such as a state’s claim under the Eleventh Amendment that it is immune from being sued in federal court. (Not just immune from liability, but immune from being sued at all in federal court.)).

Question 5

Extraordinary Writ

Answer 5

Not technically an appeal, but an original proceeding in appellate court to compel the trial judge to make or vacate a particular order. Not a substitute for appeal; available only to enforce a clear legal duty.

Question 6

Class ACtion