Appeal

Question 1

What is the final judgment rule?

Answer 1

Only final judgments may be appealed. A final judgment is an ultimate decision made by the trial court on the merits of an entire case, such that there is a final judgment as to all parties and all cause of action.

Question 2

What are exceptions to the final judgment rule?

Answer 2

The following orders may be appealed before a final judgment:

• Injunctions and some interlocutory orders
• Trial court certifies
• Collateral orders
• Multiple parties or claims are involved.

Question 3

When can a judgment be final in CA and NOT in federal?

Answer 3

A judgment as to one of several parties is considered final and can be appealed.

Question 4

What is the time limit for appeals?

Answer 4

In Federal: 30 days after entry of final judgment

In CA: 60 days after service, 180 days if no notice

Question 5

Matters of law are reviewed:

Answer 5

de novo. The appellate court may substitute its judgment for that of the trial judge

Question 6

How are matters that are discretionary to the judge reviewed on appeal?

Answer 6

Using an abuse of discretion. Only overturn matter if they are clearly wrong.