Appellate Practice
Oct. 9, 2013
Do not pass go, do not file an appeal
When is a judgment final and appealable? The state high court just explained it. By Jens B. Koepke
The state Supreme Court recently held that if a judgment is based on parties' dismissal of some claims without prejudice joined with their stipulation with their opponents to waive any statutes of limitations on those claims, such a judgment is not final and appealable. The jurisdictional culprit in such a marriage that violates the one final judgment rule, the court said, is the limitations waiver.
The clear line drawn by t...
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