Civil Appeals Checklist

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Pa APPEALS im) C } 

Appea'sdle Orders: Courts of Appeals have jurisSiction conferred and strictly Emited by statute: 

Looeals fom Fing! Orges Pursuant 10 28 U.S C. §1281: Only fina! judgments (or orders) of district counts (or fina! orders of 

CE pity COUTS Which fave been affirmed by 8 Gistrict court unger 28 U.S.C. $1581 usually bre appeaiable. A “fina!” order 
ison which ends the kigation on ks merits and leaves nothing for the gistnct coun to Go bul execute the judyment. A 

magisUate’s 16pon aE recommendation is not usually final util judgment thereon is entered by 3 GisUict coun judge. Compare 

Fes RADD.P. B.1, 28 U.S.C. $836(¢c). 

  

  

  

  

$n cases involving multiple parties of multiple claims, # judgment as tc fewer than all parties or all elaims is not a fina! appealable 

cecision. Fed. R.Civ.P. S4(b) coes permit the district coun to expressly Girect entry of the judgment as to fewer than all of the 

claims of parties. Set Piney Bowes Inc. v. Mestre, 701 F.2¢ 1365, 1368 (11th Cir. 1883), gel. genes 486 U.S B53 (1883). 

Cerain matiers, such as atiormey’s fees and Costs, Bre collateral ang Go not affect the time for appealing fiom the juZgmem on 

the merits. Buchanan v. Stanships Ing, 485 U.S. 285, 908 S.Ct 11230, 85 L Ec 20 288 (1588), BuSinich v. Becion 4BE US. 

496, 108 S.Ct 1717, 100 L Es 2¢ 178 (1588). 
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  Appeals Pursuant to 28 USC §12520b) ang FRAP 3: The certificate specified in 28 U.S.C. §1282(b) mus: be obtained before 

an application for leave 10 appeal is filed in the Count of Appeals. Denial of refusal by the Gistrict coun to issue the cenificate 

is nol ise! appealable. 
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Apoeels Pursuant to 28 PSC §1252(3) Pursuant to this statute, appeals are permiried from orders “granting, continuing, 

modifying, refusing or Gissolving injunctions © refusing to dissolve Of mofify injunctions...” and * [interlocutory 

Gecrees...Geleimining the rights and abilities of parties 10 admiralty cases...” This statute goes nol permit appeals from 
  

_ temporary festaining oroers. 

Apoeals Pursuant to Judicially Created Exceptions fo the Firality Ryle: These limited exceptions are Giscussed in many cases, 

including (but not limited to): Cohen wv. Beneficial Ingysirial Loan CoD, 237 U.S. 541,685 Ct. 1221, 83L EC 20 1528 (1548); 

Forcay v Conrad € How. (47 U.S.) 201 (1848); Gillespie v. Unied Sigtes »i2 Corp, 378 U.S. 148,182,889 Ci 30&, 311, 

93 L Eo zc $58 (1854); Atlantic Felera’ €avings & Loan Assn. of Ft LauserZale v. Blythe Eastman Paine Webber, ing. ESOF.26 

371 (11th Cir. 1888). Compare Coopers ang Lybiang v. Liveszy 437 U.S. 463, 88 S.Ct 2454, 87 L.Ec 20 331 (1878); 

Usyrgam Asroscal rp. v. Mayazams BE U.S. 271, 108 S.C 1133, 85 LEC 20 258 (1588). 

    

    

  

  
  
  

      

Tire for Filing: To be effective » notice of appeal must be umely filed. Timely fling is jurisdictional. bn civil cases FRAP 4(a) 

and &(c) set the folicwing ume Emits: 
AE . “ 

FRAP &/a)(1): Tre notice of appeal required by FRAP 3 must be filed with the clerk of the Gistrict coy within 30 cays sher 

the cate of entry of the judgment of order appealed fiom; but H ihe Unite States or an officer or agency thereol is 2 party, the 

notice of appeal may be filed by any pay within 60 cays afie such entry...” {Emphasis agded] To be effective, the notice of 

appeal generally must be fied in the istrict count clerk's office within the time peimitied. ¥ a notice of appeal is maiied, it Must 

be timely received ang filed by the Gistict court 10 be effective. FRAP &(c) establishes special filing provisions for notices of 

appeal filed by an inmate confined in an institution, 2$ Giscussed below. 

  

FRAP &/a)[3): TH one party timely files a notice of appeal, any other party may file a notice of appea! within 14 cays afier the 

Cait when the firg) notice was fied, or within the time otherwise prescribed by this Rule &[a), whichever period last expires.” 

(Emphasis added) 

FRAP &/3)4): YH 37x panty males a Umely motion in the Gisiict court under the Federal Rules of Civil Procedure of a type 

specified in FRAP &(a)(4), the ime for appea! for at parties runs from the entry of the orger Gisposing of the last such umely filed 

motion oustanding. L 

FRAP £/3)15) ang FRAP 473) (0): The Sistrig) court has power 10 exieng the time to file a notice of appeal. Under FRAP £(3)(5) 

the ume may be exiexes da motion for extension is filed within 30 cays atier expiration of the ime otherwise permitied to file 

a notice of appeal. Under FEAF &!a)(8) the time may be extended if the district coun finds wpon motion that a party has not 

seceived notice of entry of the judgment or order ang thal no party would be prejudiced by an exiension. 

FRAP &1gk: it an inmate confined in an institution files a notice of appeal in either a civil case or 8 ctimira! c2se, the notice of 

appeal is imely if itis ¢eposited in the institution's inceinal mail system on or before the last Cay for fling. Timely filing may be 

shown by a notarized s1atement or by a gecla:ation {in compliance with 28 U.S.C. $1746] setting forth the cae of deposit and 

stating that first<lass postage bas been prepaid.® 
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Toma of Notic oo! Loses: Foum 1, FRAP Appendix of Forms, is a suitable format. Seg alsp FRAP 3c). 

A single notice of appeal may be filed fiom a (single) judgment of pide! by two Of mdIe persons whose® inerests 218 such 2s to 

make joinde! practicable...’ \F FAP 30) 

EHect of Notice of Appt a: A district coun loses jurisdiction (authority) 10 act afier the filing of a umely notice of appeal, except 

for actions in 216 of appelate jurisdiction (s£% Fec.R.Civ.P. BDjortorule ona timely motion of the type specified in FRAP 4{2)(4). 

 



  
eserves Am te J - 

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ore filing 8 notice of appeal, please consider following: 

Ascexsdle Dey: Courts of Appeals have purisiction conferred and strictly imied by 9. 

Arpoesls from Fing ! Orgers Pusupnt 10 28 USC. $1287: Generally, the Sefendam should await entry of the judsmem and 

gommitment orger Toliswing sentencing before taking an appeal. A notice of apped! fred prior to entry of 3 jus;mem and 

commitment order becomes effective upon entry of that judgment anc order. Sas FRAP 4b). 

Only 8 few interlocutory orders may be app2aied prior to sentencing and the entry of a judgment and EEmmitment order. These 

Lpsesls Pursuant to 18 U.S C. §3145: Orders regarding Ball prior to jusgment constitute 8 imiied exception to the finaly nde. 

Aooedls Bosuant to Judicialy Created Exceptions 10 the Finplity Ryle: ©Orlers denying motions 10 Eismiss an indictment on 

grounds of double jeopardy or “speech and Gebate® clause grounds are imied exceptions to the firality rule. See Ricta-gson 

~. United States 468 U.S. 317,104 S Cr 3081, B2 L.Ee 2c 242 (1884); Flanagan v. Unied Si2125, 483 U.S. 285,104 S.CL 

9051, 75 L.Bc 20 288 (1854); Abney v. United States 431 U.S. 651,87 S.Ct 203é4,52 LEC 20 €31 (1877). 

Tune for Fiing: To be eHective a notice of appeal must be timely filed. Timely filing is jurisdictional. In criminal cases, FRAP 

4b) ans 4(c) set the following me mits: 

FRAP 4): A delentant *shall fle the notice of apo2al in the Bistiict count within 10 cays after the entry either of the jusgment 

or order appeaied fiom, or of a notice of appeal by the government.” Further, Ma Cefenfant makes a timely motion in the Sistrict 

court under the Federal Rules of Criminal Procedure of a type specie in FRAP 4(b], an appeal from » judgment of conviction 

must be taken within 10 cays a%ier the entry of the order Gisposing of the last such Umely file motion outstanding, or within 

90 cays after the entry of the judgment of conviction, whichever is later. 
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A noice of appeal by the United States may be files within 30 cays ater entry of the judgment or order appealed from. 

To be elective, the notice of appea’ generally must be flied in the Eistict coun Clerk's office within the Ume peimitied. Ha 

notice of apoeal is malied, it must be timely received and filed by the Gistict court to be effective. FRAP &(c] establishes special 

fing provisions for notices of appeal filed by an inmate confined in an institution, as Giscusset below. 

The gistrigt count tas the power 10 extend the time to file 3 notice of appeal for up 10 30 ays “upon 2 showing of excusable 

nepiect.’® 

FRAP 415): S12 an inmate confined in an institution fies a notice of appeal in either a Civil case or 8 Criminal case, the notice of 

appeal is Umely if itis Seposited in the institution's inteinal mal system on or before the last Cay for filing. Timely filing may be 

shown by a notatized statement of by 3 ¢eclaration (in compliance with 28 U.S.C. §1748) setting forth the Gate of G:posit and 

stating that first-class postage has been pepeid.® 

  
. Format of Notice of Apoed: Form 1, FRAP Appendix of Forms, is 3 suitable format. Seg 2'sp FRAP 3(c). 

Rev. 11/83