Appeals

Question 1

Scope of Review

Answer 1

May review both the law and facts in civil matters (only the law in criminal matters).

Fact findings, whether by the judge or jury, will not be disturbed unless there is manifest error (clearly erroneous).

Law findings will be reviewed by determining whether they were correct or incorrect.

Question 2

Writ of Certiorari

Answer 2

Is an application to review a judgment of a court of appeal or an objection to candidacy or election contest.

Must be filed within 30 days of mailing the notice of judgment and opinion by the court of appeal or within 30 days of mailing of the notice of denial of a timely filed application for rehearing to the court of appeal.

Question 3

Supervisory Writs

Answer 3

An application based on the Supreme Court’s constitutional authority and directed at reviewing or staying the action or inaction of a trial court.

Must first be filed in a court of appeal within a reasonable time set by the trial court, not to exceed 30 days from the date of the ruling at issue.

Question 4

Devolutive Appeal

Answer 4

Does NOT SUSPEND the execution of a judgment by the lower court during the time the appeal is pending.

Time Limits:

Must be taken within 60 days of the following:

• The time for filing a motion for a new trial or JNOV has lapsed
• The date of the mailing of notice of the court’s denial of a timely motion for a new trial or JNOV is entered.

NO BOND REQUIREMENT

Question 5

Suspensive Appeal

Answer 5

STAYS execution of a trial court judgment until there is an answer from the appeal court.

Must be taken within 30 days of the following:

• The time for filing a motion for a new trial or JNOV has lapsed , or
• The date of the mailing of notice of the court’s denial of a timely motion for a new trial or JNOV is entered.

BOND REQUIRED

Question 6

Bond Reqd - Judgment for Sum of Money

Answer 6

Security shall be equal to the amount of the judgment including interest until the security is furnished, exclusive of costs.

Question 7

Bond Reqd - Judgment Distributing Fund

Answer 7

Security must only cover the payment of costs.

Question 8

Bond Reqd - All Other Instances

Answer 8

The court shall fix security sufficient to assure the satisfaction of the judgment together with damages for the delay resulting from the appeal.

Question 9

Surety Bond

Answer 9

When surety bond is used, for good cause shown court may order bond in amount up to 150% of judgment.

Question 10

Failure to Post Security

Answer 10

When the appeal bond has not been timely filed, the trial court can convert the suspensive appeal to a devolutive appeal (except in eviction cases).

Question 11

Method of Appeal

Answer 11

An appeal is taken by obtaining an order from the trial court within the delay allowed.

An appeal may be granted on:

• Oral motion in open court,
• On written motion, or
• On petition.

Question 12

Answer to Appeal

Answer 12

Appellee need not answer an appeal unless he wants the judgment to be modified, revised, or reversed in part, or unless he demands damages against the appellant

Delay is 15 days from the later of the return day or lodging of the record of appeal

Question 13

Trial Court Retains JX

Answer 13

The trial court retains the jurisdiction to do the following after appeal is granted:

1. Correct any misstatements in the record,
2. _***Test the solvency of the surety on the appeal bond***_
3. Give effect to its judgment (unless suspended),
4. Impose the penalties for failing to pay costs of preparation of record, and
5. Tax costs and expert witnesses.