V. Appellate Review

Question 1

Final Judgment Rule

Answer 1

You can appeal only from final judgments (an ultimate decision by the TC of the merits of the ENTIRE CASE).

File notice of appeal in TC w/in 30 days after entry of final judgment.

Ask: Does the TC have anything left to do on the merits of the case?

Question 2

Interlocutory (Non-Final) Review

Answer 2

May be appealable even though NOT final judgments

-Reviewable as of Right See Pg. 54 = orders granting, modifying, refusing prelim or permanent injunctions

Question 3

Standard of Review by Appellate Court

Answer 3

Questions of Law = De Novo

Questions of Fact in non-jury trial = Will affirm UNLESS findings are clearly erroneous

Questions of Fact in jury trial = Will affirm UNLESS reasonable people could NOT have made that finding