Appellate review - Final Judgment and Interlocutory

Question 1

What is the general final judgment rule?

Answer 1

You can only appeal from final judgments.

Question 2

How long do you have to file notice of appeal in trial court after final judgment?

Answer 2

30 days.

Question 3

How do you determine if something is a final judgment?

Answer 3

Ask the question, does trial court have anything left to do on the merits?

Question 4

Are interlocutory orders reviewable?

Answer 4

Yes, as of right, orders grant, modifying, refusing preliminary or permanent injunctions.

Question 5

What does the Interlocutory Appeals Act allow?

Answer 5

Allows appeal of non final order if

1) Trial judge certifies that it involves a controlling issue of law
2) As to which there is substantial ground for difference of opinion; and
3) The Court of Appeals agrees to hear it.

Question 6

What is the collateral order exception?

Answer 6

Appellate court has discretion to hearing ruling on issues that are:

1) Distinct from merits of case;
2) Involve important legal questions; and
3) Essentially unreviewable if parties must await final judgment.

Question 7

What discretion does court have with regards to class actions?

Answer 7

To review order granting or denying certification of class action.