Finality of Judgments and Other Appellate Trigger Issues, 3d Ed. (Hardcopy)

Finality of Judgments & Other Appellate Trigger Issues

Finality of Judgments & Other Appellate Trigger Issues
Finality of Judgments and Other Appellate Trigger Issues is an authoritative guide for practitioners relating to the timing of appeals, primarily concerning appeals in civil cases from the circuit courts to the Court of Special Appeals. Maryland's bedrock appellate rule is that a party has the right to appeal only from a final court judgment. Though easily stated, applying the rule, with its various exceptions, poses a major challenge for lawyers and judges. This is a serious concern for practitioners because failure to navigate and apply successfully the rules governing the right to appeal can have grave consequences for clients and their rights. As the Honorable Glenn T. Harrell, Jr., Senior Judge of the Court of Appeals, emphasized in the Foreword to the book: An unawareness of the nuances of the governing statutes, rules, and case law may result in delay and expense to clients, or even the extinguishment of appellate rights. One may consider being up to date on this area of the law as an investment in risk management regarding one's practice.

Distinguished Court of Special Appeals Judge Kevin F. Arthur is one of Maryland's foremost authors and lecturers on appellate litigation and, in particular, on the final judgment rule. This book provides an annotated and enhanced version of his research on the fundamental questions of the finality and appealability of judgments and orders. This authoritative text explains the nature of appellate jurisdiction in Maryland, the final judgment rule and its requirements, the effect of an improper interlocutory appeal, exceptions to the final judgment rule such as the collateral order doctrine and Rule 2-602(b), and related issues of in banc review and writs of mandamus and prohibition. First published in 2009 and updated in 2014, this new Third Edition greatly expands the prior editions. It includes new discussions of statutory grounds for appeals from interlocutory orders, including those issued in connection with contempt, possession of property, and child custody matters. It addresses specific problems regarding determining whether an order is final and appealable, such as orders relating to divorce and declaratory judgments, as well as premature appeals and the effects of improper interlocutory appeals. It includes analysis of the latest rulings from the Court of Appeals and the Court of Special Appeals, current as of early 2018.

Summary of Contents:
I. Note on Scope
II. Nature of Appellate Jurisdiction
III. What Is a "Final Judgment?"
IV. Specific Problems Regarding Determining Finality of Judgments
V. Effect of Post-Judgment Motions and Motions for Reconsideration
VI. Exceptions Permitting Appeals from Interlocutory Orders 
VII. Collateral Order Doctrine
VIII. Maryland Rule 2-602(B)
IX.  Statutory Grounds for Appeal from Interlocutory Orders
X. Appeals from Interlocutory Orders that Exceed the Jurisdiction of the Circuit Court
XI. Appeals from Seemingly Interlocutory Orders Denying a Constitutional Right
XII. Appeals from Grant or Denial of Class Certification
XIII. Appeals from the District Court
XIV. Appeals from the Orphans' Court

Author: The Honorable Kevin F. Arthur, Judge, Court of Special Appeals of Maryland 

This publication is available in electronic copy. To purchase it as an electronic copy please click here.

PAGES: 156

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