Final decisions and final judgments play distinct roles in the law of federal appellate jurisdiction. Courts should recognize as much.
September 7, 2023
I have a new article on the distinct roles that final decisions and final judgments play in the law of federal appellate jurisdiction.
Final decisions and final judgments lie at the core of modern federal appellate jurisdiction. But far too often, courts and litigants conflate the two. This lack of precision can create unnecessary procedural detours and needlessly cumbersome rules of appellate jurisdiction. It can even lead to the inadvertent loss of the right to appeal. Some clarity is needed.
Using the circuit split over appeals after dismissals with leave to reinstate, I use this article to explain the separate and important roles that final decisions and final judgments play in federal appellate jurisdiction. In short, the existence of a final decision determines when appellate jurisdiction exists and thus when litigants can appeal. And the entry of a final judgment starts the appeal clock, determining the point by which litigants must appeal. These two events often coincide. But not always. Going forward, courts should be precise when discussing these two key aspects of federal appellate jurisdiction. Doing so could bring some much-needed clarity to this area of the law.
The article is titled Final Decisions & Final Judgments, and it’s forthcoming in the Journal of Appellate Practice & Process. A draft is available on SSRN.
Final Decisions & Final Judgments, 24 Journal of Appellate Practice & Process (forthcoming 2024), available at SSRN.