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By D. Todd Smith
Although appeal is generally not available absent a final judgment, Texas law allows parties to bring accelerated interlocutory appeals in several circumstances. In most cases, the trial is stayed by statute until the interlocutory appeal is resolved, But sometimes the trial court renders a final judgment before then.
What does one do in that situation? File an amended notice of appeal?
No, says Isuani v. Manske-Sheffield Radiology Group,
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A Lesson in Collateral Order Doctrine Jurisdiction
Some lawyers not well-versed in appellate jurisdiction may find themselves fighting against one of two extremes when it comes to interlocutory decisions: the impulse to appeal everything (appealable or not), or failing to evaluate interlocutory orders for possible exceptions to the “final judgment rule,” figuring “why bother” until a final judgment is entered...
Plaintiff's Requested Dismissal May Provide Controverted Final Judgment for Appeal
Before a circuit court may review an appeal, the court must be satisfied that it has jurisdiction. A statute must confer jurisdiction, and the award that the plaintiff seeks must be within constitutional limits...
Denial Of Food Companys Federal Preemption Defense Not An Appealable Interlocutory Order
Tyson Foods moved for summary judgment in a class-action lawsuit. Tyson argued that the claims against it were preempted by federal law. The summary judgment motion was denied, and Tyson appealed...
COA Says Voluntary Dismissal Without Prejudice Can Convert Interlocutory Order Into Appealable Final Judgment
Today in Goodman v. Holmes & McLaurin the Court of Appeals (COA) declined to dismiss an interlocutory appeal from an order granting and denying in part a Rule 12(b) motion to dismiss...
Supreme Court Accepts Interlocutory Appeal in Ryan Case
In Lyondell Chemical Co. v. Ryan, (Del., Sept. 15, 2008), read Order here, the Delaware Supreme Court accepted an interlocutory appeal pursuant to Supreme Court Rule 42, despite the Chancery Court's denial of the same request presented to it in the first instance for such a discretionary appeal of the trial court's denial of a summary judgment motion...
Snipes: No interlocutory appeal of venue
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In U.S. v. Snipes, No. 08-10114 (Jan. 8, 2008), the Court dismissed a defendant?s interlocutory appeal. The defendant sought to appeal, prior to trial, the venue in his case. The Court noted that an order pertaining to venue is effectively reviewable after entry of judgment, citing U...