Appeals

Question 1

eGDC to CC Appeal

What are the Two prerequisites for an appeal from GDC to CC?

Answer 1

1. A final judgment
2. An AIC in excess of $20

Question 2

GDC to CC Appeal: Procedure

When must the losing party appeal? Where is the notice of appeal filed?

Answer 2

1. Within 10 days of the entry of judgment
2. Notice of appeal is filed in GDC

Question 3

GDC to CC Appeal: Standard of Review

What is the standard of review in CC on what issues?

Answer 3

De novo on all issues

Question 4

GDC to CC Appeal

If the D is the Appellant, the P may increase…

Answer 4

Her ad damnum (claim for damages)

Question 5

CC to Court of Appeals: prerequisites

What are the three types of prerequisites for appealing?

Answer 5

1. Final Judgment: disposes of the entire case, nothing left to resolve by the court
2. Partial final judgment: may involved a multi-party dispute and the decision of appeal must not affect the remaining trial proceedings (and vice versa) (e.g., Two D’s and one wins Summ. Judgment)
3. Certain interlocutory orders (an order issued during the pendency of a suit, rather than the end of the suit.

Question 6

CC to Court of Appeals: prerequisites

There are three types of appealable interlocutory orders, what are they? Explain them.

Answer 6

1. Orders regarding preliminary injunctive relief
2. Certified Orders: District courts have the power to “certify” an issue for immediate appeal provided that: (1) the issue is based on a controlling question of law; (2) there is a substantial ground for difference of opinion; (3) resolution will materially advance the litigation; and (4) the parties consent to certification.
3. Collateral Orders: An order that conclusively resolves and important question that is separate from the merits and would be effectively unreviewable if the losing party were forced to wait until the conclusion of the suit to appeal (e.g., look for something like an order declaring a party is not immune from suit).

Question 7

CC to Court of Appeals: Objections

A party must object to the decision in the lower court to appeal the decision. If the appellant failed to object, the court of appeals will only consider the appellant’s argument under what exception?

Answer 7

The “ends of justice” exception. BUT, this is only applid in exteme circumstances to correct a grave injustice. Really only applied in criminal cases where someone’s life hangs in the balance and there was an egregious error at the trial level that was not preserved.

on exam, mention the exception, but say unliklely to be applied in a civil case.

Question 8

CC to Court of Appeals: Objections

If is issue is not raised by the court or another party, does it need to be objected to be raised on appeal?

Answer 8

Yes, need to object to the issue. Cannot be raised for the first time on appeal (except smj or ends of justice exception).

Question 9

CC to Court of Appeals: Procedure

When and where must the appellant file the notice of appeal?

Answer 9

within 30 days of the order or final judgment being appealed, and in the circuit court.

Appeal as of right, no need to petition.

Question 10

CC to Court of Appeals: Procedure

If the appellant fails to timely file the notice, the court of appeals lacks _______ to hear the appeal

Answer 10

Jurisdiction

Question 11

If a litigant petitions the wrong appellate court, is that fatal to their appeal?

Answer 11

No, the court will just transfer to the correct court.

Question 12

CC to Court of Appeals: SoR

What is the SoR?

Answer 12

1. De novo for questions of law
2. High deferance for findings of fact

Question 13

Court of Appeals to Supreme Court: Grant

An appeal may only be had if…

Answer 13

the Court grants the putative appellant the opportunity to appeal

Question 14

Court of Appeals to Supreme Court: Procedure

Two things must be filed. What are they, when must they be filed, and where must they be filed?

Answer 14

1. File a notice of appeal in the court of appeals within 30 days of the adverse ruling being appealed
2. File a petition for review in the Supreme Court within 30 days of the adverse ruling being appealed

Question 15

Court of Appeals to Supreme Court: SoR

SoR?

Answer 15

1. De novo for questions of law
2. High deferance for findings of fact from the OG factfinder