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The Final Judgment Rule: A Ticking Bomb on Appeal |
December 3, 2012
Previously published by ATTORNEY AT LAW MAGAZINE, Greater Phoenix Edition (Target Market Media Nov. 2012)
The final judgment rule, which embodies the principle that appellate jurisdiction is appropriately invoked only by a timely-filed notice of appeal from a final judgment, is a ticking bomb for unwary Arizona lawyers. Central to the problem is determining what constitutes a final judgment. Noticing an appeal from a non-final judgment usually means one has appealed too early, which--ironically--is often undiscovered until it's too late to revive the appeal.
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