Appeal Flashcards

1
Q

Interlocutory Appeal

A

Generally, only final judgments are reviewable on appeal. The reason is to avoid the cost and delay of multiple appeals. However, in certain situations, the appellate court can review an order of the trial court before final judgment is entered.

1) An interlocutory appeal is an appeal of a ruling by the trial court that is made before the trial has ended. It asks the appellate court to immediately review the ruling and can be made if extraordinary circumstances exist that would prevent the case from being properly decided. Interlocutory appeals are used to prevent irreparable harm from occurring during the pendency of a trial.
2) An interlocutory order granting or dissolving an injunction is reviewable as a matter of right. The rationale is based on the harm it could cause if the injunction was wrongly decided. However, the court of appeals has the discretion to review most other orders.
3) The word interlocutory means injected into, provisional, or during the course of.

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2
Q

Timing for Filing an Appeal

A

In a civil case, an appeal must be filed within 30 days after entry of the judgment.

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