Civ Pro: Appellate Review

Question 1

Final Judgment Rule

Answer 1

Can appeal only from final judgments, which means an ultimate decision by the trial court of the merits of the entire case. File notice of appeal in trial court within 30 days after entry of final judgment
*ASK: after making this order does the trial court have anything left to do on the merits of the case?

Question 2

Denial of motion for summary judgment final?

Answer 2

NO–trial court still has the entire case before it.

Question 3

Grant of a motion for new trial?

Answer 3

No because after granting new trial - you have to re-try it.

Question 4

Interlocutory (non-final) review

Answer 4

May be appealable even though not final judgments.

a. Interlocutory orders reviewable as of right.
b. Interlocutory Appeals Act.
c. Collateral Order Exception
d. When more than one claim is prenseted in a case or when there are multiple parties
e. Extraordinary writ.
f. class actions.

Question 5

Class action

Answer 5

Court of appeals has discretion to review order granting or denying certification of class action.
Must seek review at the court of appeals within 14 days of order. 
Appeal here does not stay the proceedings at trial court unless the court of appeals or district court says so.