APPELLATE REVIEW

Question 1

What is the Final Judgment Rule? What does it essentially mean?

Answer 1

you can only appeal from final judgments. That means the ultimate decision by the trial court on the merits of the entire case.

Question 2

How do you determine if it is a final judgement?

Answer 2

To determine if it’s a final judgment, ask: after making this order, does the trial judge have anything left to do on the merits of the case? If so it is not final.

Question 3

Would this be a final judgment: Grant of a motion for new trial?

Answer 3

No. because the court must hold the new trial.

Question 4

Would this be a final judgment: Denial of a motion for new trial?

Answer 4

Yes, you must appeal within 30 days of that.

Question 5

Would this be a final judgment: Grant of motion to remand to state court?

Answer 5

No, that is by statute.

Question 6

Would this be a final judgment: Grant or denial of renewed motion for judgment as a matter of law?

Answer 6

Yes. either way that is fine. The case is over either way.

Question 7

What is Interlocutory review?

Answer 7

It is non-final review. Something in the case may be appealable even though not final judgments.

Question 8

When can there be an interlocutory review of a class action?
When must you seek the review?

Answer 8

Court of appeals has discretion to review order granting or denying certification of class action. Must seek review at the court of appeals (not in the trial court) within 14 days of order. Appeal does not stay proceedings at trial court unless trial judge or court of appeals so orders.