Appellate Practice
Apr. 7, 2020
Can’t stop, won’t stop
Whose appeal is this anyway? Conventional wisdom is that an appeal “belongs” to the appellant. The appellant created the appeal by filing the notice of appeal, and is responsible for the care and feeding of the appeal: pushing the paper and paying the fees. Thus, should the appellant get cold feet about pursuing the appeal, it can pull the plug at any time, right?
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Whose appeal is this anyway? Conventional wisdom is that an appeal "belongs" to the appellant. The appellant created the appeal by filing the notice of appeal, and is responsible for the care and feeding of the appeal: pushing the paper and paying the fees. Thus, should the appellant get cold feet about pursuing the appeal, it can pull the plug at any time, right?
If an appellant decides to end its own a...
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