CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Appeal
.........Appealable Orders
 18 Cards On This Topic:
  • Effect of appeal on child custody order.
  • Appealable orders listed.
  • A trial ct. retains jurisdiction over a non-final judgment that it renders, enabling a party to pursue final judgment and then appeal.
  • An order denying a CCP §663 motion to vacate a final judgment is appealable even if it raises issues that could have been litigated on appeal of the judgment.
  • Grant of writ of administrative mandamus ordering hospital's judicial review committee to conduct a disciplinary hearing is a final, appealable order.
  • A Ruling which disposes of all of the issues in the case is the appealable order even if followed by a written order.
  • Under CRC 8.104(d)(2), an appellate ct. may treat as timely a notice of appeal filed after the trial ct. announces its intended ruling, but before it has rendered judgment.
  • Appeal cannot be taken from a statement of decision where it does not constitute a final decision on the merits
  • While stipulated judgments are not subject to appellate review, a titular stipulated judgment is.
  • An order denying a motion to vacate plaintiff's voluntary dismissal is a final and appealable judgment.
  • An order awarding costs is appealable when it is made after a voluntary dismissal without prejudice.
  • Consent judgments are not appealable.
  • One final judgment rule discussed; temporary s/s orders are appealable per the collateral order exception.
  • Temporary custody orders are not appealable.
  • If everything is resolved except attorney fees or costs, the order is immediately appealable.
    Order reserving jurisdiction over atty. fees is immediately appealable.
  • One final judgment rule discussed.
  • An otherwise appealable order is final even though it may later be modified.
  • Absent exception, appeal may only be taken from last final order disposing of all issues; aka “the one final judgment rule.”


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