Appeal

Question 1

When to accept appeal?

Answer 1

Federal appeals court will evaluate appeals by determining whether:
(a) final judgment has been rendered or
(b) exception to final order rule applies
* Final Order Rule: Final order disposes of all claims and parties and can be appealed.

Question 2

Appeal by Writ

Answer 2

If following normal appeals process would cause irreparable harm and it is an emergency, party can seek extraordinary writ of mandamus or writ of prohibition
* Petitioner must show beneficial interest in outcome of writ proceeding

Question 3

Interlocutory Appeals Act

Answer 3

Under IIA, appeals allowed when:
(a) trial judge certifies that interlocutory order involves controlling question of law,
(b) as to which there’s substantial grounds for differing opinions,
(c) immediate appeal may materially advance end of litigation, AND
(d) court of appeal allows appeal