Civ Pro - Federal - Appellate Review*

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Appellate review

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Court of Appeal review of federal district court opinion.

FINAL JUDGMENT RULE --> right to appear only from final judgment on the merits of the entire case

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Appellate review - Procedure

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File notice of appeal in trial court within 30 days after entry of final judgment

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Interlocutory review

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Appeals even though no final judgment

Matters Reviewable as a Matter of Right: orders re injunctions, appointments or receivers, patent infringement issues pending accounting by court, property issues

If multiple claims, court can allow final judgment on one of them if appropriate

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Interlocutory review -- Interlocutory Appeals Act

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Allows appeal of nonfinal order if trial judge certifies a controlling issue involved that is ground for substantial difference of opinion

AND

Court of Appeals agrees to hear it

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Interlocutory review -- Collateral order exception

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Appellate Court has discretion to hear ruling on issue if:
1) distinct from merits of case
2) involves important legal question
3) essentially unreviewable if parties await for a final judgment

EXAMPLE: claim of Eleventh Amendment Immunity for suit for damages

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Interlocutory review -- Class Actions

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Court of Appeals has discretion to review order granting or denying certification of class action

Must see review within 14 days of order

Appeal does not stay proceedings at trial court unless trial judge or court of appeals orders

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Extraordinary Writs

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Technically, not appeals -- original proceeding in appellate court to compel trial judge to make or vacate an order IF CLEAR LEGAL DUTY to do so