Most appeals must wait until the whole case is over, and knowing when that happened is harder than it sounds.
Esshaki Legal Media TeamCurrent as of January 2024
Appellate jurisdiction generally extends only to final decisions — those ending
the litigation on the merits and leaving nothing but execution of the judgment.
The rule prevents piecemeal review, and its application produces a surprising
number of dismissed appeals.
What is not final. An order resolving some claims but not others; an order
granting summary judgment on liability with damages to be determined; an order
dismissing a complaint with leave to amend; and a ruling on a motion that does
not dispose of the case.
Certification of partial judgments. Where multiple claims or parties are
involved, a court may direct entry of final judgment as to fewer than all, on an
express determination that there is no just reason for delay. The certification
must be explicit; reciting the formula without reasoning is often reversed for
an improper certification.
Separate document. In systems requiring the judgment to be set out in a
separate document, the appeal clock may not begin until that document is entered
or a period has run. This rescues more late appeals than any other rule.
Post-judgment motions toll the appeal period, and an appeal filed while such
a motion is pending may be held in abeyance rather than dismissed under modern
rules — but the safest course remains to file after disposition.
When in doubt, file. A protective notice of appeal costs little; a missed
deadline is jurisdictional.