Interlocutory Appeals

Question 1

What is an Interlocutory Appeal?

Answer 1

An appeal that has NO final judgment

Question 2

True or False?

You can only bring an appeal where has been a final judgment? And is there an exception?

Answer 2

True and CERTAIN interlocutory appeals are the exception!!

Question 3

What are the 5 Types of Interlocutory Appeals?

Answer 3

1) Injunctions [preliminary and permanent]
2) TRO’s longer than 28 days
3) The Collateral Order Doctrine
4) Grated or Denial Immunity

Question 4

Are interlocutory appeal’s allowed for injunctions whether the requested injunctive relief is granted or denied?

Answer 4

YES! It does not matter whether the injunctive relief was granted or denied.

Question 5

True or False?

The right of immediate appellability applies both to orders involving preliminary injunctions (injunctions that prevent a litigant from taking an action until the conclusion of a trial on the merits) and those involving permanent injunctions.

Answer 5

True

Question 6

TRO’s

Answer 6

TRO’s are ONLY appealable when the judge extends it so that it runs more than 28 days in total, the TRO will automatically become a preliminary injunction even though the judge doesn’t label it that way.

Question 7

What is the Collateral Order Doctrine?

Answer 7

They are NOT interlocutory appeals but the courts allows them even though there is no final judgment rendered in the rest of the case.

Question 8

Requirements for an order to be immediately appealable under the Collateral Order Doctrine?

Answer 8

1) The court has made its final decision as to a particular matter on which immediate appeal is sought (even though there has been no final decision or judgment as to the rest of the case);

2) The matter is separate from (i.e., a collateral to) the merits if the underlying claim;

3) The matter is too important to be denied appellate review entirely; and

4) Deferring appeal until entry of a final judgment in the whole case would prevent the eventual review from being “effective” under the circumstances

Question 9

What if a claim for immunity is granted?

Answer 9

Then there is NO NEED for the collateral order doctrine because an appealable final judgment ending the action will be entered anyway

Question 10

What if a court denies a claim for immunity?

Answer 10

The denial order is treated as a type of collateral order from which an immediate appeal is allowed too!

Question 11

You’ll see the immunity issue where a government official asserts a claim of governmental immunity and attempts to make an immediate appeal when the court rules that the immunity doesn’t apply.