Appeals and Appellate Procedure

Appeals

• A Notice of Appeal must be filed within 30 days of judgment.
• Grounds for Appeal include objections made at trial, which must be stated and preserved, or they will be waived.

Appellate Court Review

• The Appellate Court generally reviews issues of LAW, giving deference to the trial court's findings of FACTS.

Appealing Errors

• An error can be appealed if the outcome would have been DIFFERENT, but not if the error was HARMLESS.

Final Judgments

• Only FINAL JUDGMENTS may be appealed, not interlocutory orders unless they meet the Collateral Order Exception.

Interlocutory Orders

• Interlocutory orders are given before final judgment and are generally NOT appealable.

Collateral Order Exception

• The Collateral Order Exception allows appeal of interlocutory orders that:
  • Conclusively determine a disputed question
  • Resolve an important issue separate from the merits
  • Would cause irreparable damage if review is delayed

Non-Appealable Issues

• Lack of Jurisdiction, Improper Venue, and Failure to Join an Indispensable Party are not appealable.
• One resolved claim is not a final judgment, unless the court finds "no reason to delay".
• Denial of Summary Judgment is not appealable until after trial.
• Orders for a New Trial are not appealable.
• Partial Final Judgments are not preferred to avoid piecemeal appeals.

Appealable Issues

• Grant or Denial of Injunctions are appealable.
• Certification or Denial of Class Action is appealable.