Law School Resources
Appellate Procedure
A.
Need final jj to appeal.
B.
When is a judgment final?
1.
pretrial dispositions: the party seeking drafts the
jj
a.
include all the parties
b. all
the claims
c.
Mother Hubbard clause
2.
trial & verdict =>
@
trial
w/ verdict & jj => presumption
3. jj
not reduced to writing?
a.
Dunn v. Dunn oral jj of divorce, then H drops
dead right after; W wants all the money and files
motion to dismiss b/c jj only pronounced and not
final
b.
rule: pronouncement = final and too late to get rid
of jj (but to appeal you need to get it in writing)
c.
judge says I intent to grant jj => not final
jj
d.
S&A Restaurant court said he would approve the
jj and this wasn't final
e.
stmt of "about to" render jj is not enough
4.
Multiple D's
a. get
severed
b. ???
5.
Judgment:
a. get
in writing
b. get
it dated
C.
Trial court's plenary power
1.
TRCP 306a: periods run from when jj signed
2.
need date
3.
trial clerk is supposed to send you notice of the jj
4. if
you don't get notice of a jj 306a(4)
a.
w/in 20 days after the jj
b.
party or atty has not actual notice
c.
time to appeal runs from date you got notice
d.
except never starts to run more than 90 days after
jj signed
ex.
jj on day 1; on the 22d day you notice there's a jj
(actual kn); since this is w/in 20-90 days, you can
still appeal
file
notice w/ trial ct judge saying no notice until 22d
day,; now 22d day becomes day 1 for timing purposes
if you
get notice on 19th day, you have only 11 more days
to file
5.
nunc pro tunc orders: if typo kind of error on jj
you can get it corrected
6.
time to file appeal motion
a.
general rule: (329bd) jj + trial ct has 30 days of
plenary power
i.
procedures
A. can
file MNT
B. can
file moition to correct, reform jj
ii.
effect: filing A or B extends trial ct's power up
to 75 days from date of jj
A. if
no ruling => automatically overruled after 75 days
B.
writen order to overrule
iii.
if overruled => trial ct. gets 30 more days! (for A
or B)
iv. if
granted (any part at all) => all your deadlines
start over
b.
329b(g): 329b(h) if judge changes jj in any
respect, timetables start over; 329b(d)
c.
Lane Bank (wasn't listening; on p 7); held
that only a motion seeking a substantive change
wasn't a 329b motion and din't extend plenary power
(I think that included habeus)
D.
Trial court's power to grant a new trial
1.
necessity of written order
a.
trial judge can do anything during the 30 days even
if you don't reqeuest anything
b.
when you want a MNT bring an order w/ you so it will
be easy to get it signed b/c it must be written and
sigend to be an effective mNT w/in the deadline
2. The
order granting the NT is not reviewable.
E.
Preserving Complaints for Review
1.
necessity for preservation
2.
general rules
a.
specific timely objection & get ruling
b.
does the complaint presernt error?
c. was
there harm?
3.
evidentiary requirements
a.
object, specific, ruiling, oop if necessary w/ ct
reporter
b.
sustained: don't have to reobject
c.
overruled:
4.
Motions in limine...more |