Final Judgment Rule

Question 1

Final Judgment Rule: Defn

Answer 1

Ultimate decision by trial court on merits of entire case - nothing remains to be done except execute final judgment

Question 2

Final Judgment Rule: Appeal

Answer 2

Appeal allowed only from final judgments (CA similar, but in CA appeals are governed by statute - also, can seek special writ)
Exceptions:
-multiple claims where one is specifically enforceable
-collateral order doctrine (immediate appeal) - where important question is collateral (unrelated) to underlying merits of dispute

Question 3

Appeal (CA)

Answer 3

Immediate appeal if:

• final trial court decision on issue; OR
• collateral issue/distinct and severable; OR
• direct appellant to immediately pay sum or perform act

Question 4

Interlocutory orders

Answer 4

BLL: Interlocutory orders generally not appealable unless the issue is injunction. (e.g. denial to dismiss due to lack of SMJ is an interlocutory order)

-An interlocutory order is some order before the final decree - it decides some intervening matter such as a trial motion. An interlocutory appeal, then, is an appeal of a matter necessary for a suitable adjudication on the merits by the trial court.

Question 5

Interlocutory orders (CA)

Answer 5

Interlocutory orders denying motion for summary judgment generally not appealable–judge can change mind, but party cannot get reconsideration in trial court unless new facts or new law

-but if motion for summary judgment granted, immediate appeal right–appellate court review