Monday, August 5, 2013

Final Judgment

I previously talked about some language to add to a final judgment here.  Based on several recent appellate opinions, you may wish to add a Rule 54(b).  Almost weekly now, the Court of Appeals has been dismissing appeals saying that several of them are not adjudicating all of the issues in a case or alternatively that the Court did not certify the judgment as final as to the issues presented pursuant to Rule 54.  I think it is a good idea to add language certifying that the order entered is a final judgment as to all issues pursuant to Rule 54(b) or alternatively that it is a final judgment as to the issues presented with the whatever issues are remaining listed out.  This can save a lot of time and money along with getting the appeal period running on those issues.

No comments:

Post a Comment