113 Sentences With "appealable" | Random Sentence Generator

But the founders explicitly rejected making a Senate conviction appealable to the federal judiciary.

His will cannot be challenged, his decisions are final, non-appealable, implemented by loyal bureaucrats.

But America's founders explicitly rejected making a Senate conviction appealable to the federal judiciary, Bowman said.

Trump said that refusal qualified as a "final appealable order" justifying intervention by the Court of Appeals.

Enea didn't give any details on the reasoning for the court's ruling on Wednesday, which is appealable.

Hall said the company expected a non-appealable decision from an arbitration court in Washington, D.C. by autumn 2017.

For example, typical appealable issues include lack of sufficient evidence to convict, improper admission of evidence, jury misconduct or incorrect jury instructions.

The stay motion in the Trump travel ban case faces one potentially serious technical hurdle: Temporary restraining orders are not ordinarily appealable.

Qualcomm said on Wednesday it does not agree with the decision of the arbitration panel, but the payment is binding and not appealable.

Enea didn't give any details on the reasoning for the court's ruling on Wednesday, which is appealable, and was not immediately available to comment.

Arbitration clauses often include language in which the parties agree that the rulings are non-appealable, so the decision of the arbitrators is usually final.

But the case is styled as a mandamus petition and the Supreme Court doesn't typically entertain mandamus cases once a final, appealable decision has been entered.

"Chelsea is a tremendously courageous person and this outcome was not unexpected but this an appealable order," said her lawyer, Moira Meltzer-Cohen, after the hearing.

One appealable issue in Lloyd's case is whether any jurors improperly talked to an outside person about the case, but experts were skeptical of that as well.

Mejia and his attorney vowed to appeal the ban, which is technically not appealable, so that would require availing themselves of the arbitration process as outlined by the CBA.

"Any generic launch prior to a final non-appealable court ruling on all five patents, which is not expected before the second half of 2018, would be at risk" to legal action, Vigodman said.

Saad's creditors include over 30 local, regional and international banks that have obtained non-appealable judgments against Maan al-Sanea, Saad Group, or both, from a court in Saudi Arabia's Eastern Province, sources told Reuters last year.

Decisions by the state's health department would be appealable to an independent panel of physicians, who would consider whether the doctor who signed off on the medical exemption was acting reasonably to protect a child's health and safety.

"Planned Parenthood and their allies are on notice that [the Center for Medical Progress, Daleiden's organization] will continue to pursue every appealable avenue to vindicate our First Amendment rights and those of all citizen journalists," Daleiden said in a statement sent to BuzzFeed News on Monday.

English's lawyer, Deepak Gupta, told reporters after the hearing that he and English would weigh several options, including trying to immediately appeal — whether they can appeal at this stage is unclear — or securing a ruling from Kelly as quickly as possible that would definitely be appealable under court rules.

"Where, as here, the 'district court holds an adversary hearing and the basis for the court's order was strongly challenged,' and the length of the injunction (in this case, indefinite) 'exceeds the ordinary duration' of temporary restraining orders, the order is properly treated as … appealable," the Justice Department motion argues.

For example, the judges could dismiss DOJ's request for a stay of Robart's decision because, as the government acknowledges, temporary restraining orders are generally not appealable, or they could uphold his ruling -- but under either scenario the suspension of the ban would remain in place while the case moves forward with further scheduled hearings.

The new petition also argues, not very convincingly, that the order enforcing the civil investigative demand at the heart of the Seila Law case is not appealable, even though the district court entered a final order enforcing the demand and none of the parties has contested its appealability throughout the appellate litigation that followed – including the CFPB, which presumably has a strong interest in blocking any appeal of an order to enforce its demand for information.

The decisions of the superior courts were not reviewable or appealable, unless an appeal was created by statute.

However, this rule is subject to various restrictions. Some types of High Court decisions are not appealable to the Court of Appeal, while others are only appealable if the Court grants leave (permission).SCJA, s. 34. Where criminal matters are concerned, the Court only hears appeals from cases originating in the High Court.

Fong Foo v. United States, . An acquittal in a trial by judge (bench trial) is also generally not appealable by the prosecution.United States v.

Under Sec. 39 of RA 10667, decisions of the Commission shall be appealable to the Court of Appeals in accordance with the Rules of Court.

327 (2010). Remand orders are not generally appealable , but may be appealed in the case of removals brought under the Class Action Fairness Act of 2005 or where the Federal Deposit Insurance Corporation appeals a remand order under 12 U.S.C. § 1819(b)(2)(C). An alleged waiver of removal rights is also appealable, since the issue is not jurisdiction but the legal effect of the defendant's actions and agreements.

If the plaintiff is so determined, a bond may be required, and if the bond requirement is not met within a specified time period, a judgment of dismissal is ordered. A finding of vexatiousness is not an appealable order, but a dismissal for failure to post a bond requirement based on a judgment of vexatiousness is appealable. Habeas petitions do not count towards vexatious litigant determination.In re Bittaker, (1997) 55 Cal.App.

Black's Law Dictionary Free Online Legal Dictionary 2d ed. It is usually not appealable, although preliminary injunctions by federal courts are appealable even though interlocutory.Cornell Law School, Legal Information Institute. Executive orders, which are instructions from the President to the executive branch of government, are decrees in the general sense in that they have the force of law, although they cannot override statute law or the Constitution and are subject to judicial review.

The Court held that, although some orders may be appealable under the authority of 18 U.S.C. 1291, this order in this case lacked such authority. The Circuit Court was reversed and remanded.

However, this rule is subject to various restrictions. Some types of High Court decisions are not appealable to the Court of Appeal, while others are only appealable if the Court grants leave (permission). Where criminal matters are concerned, the Court only hears appeals from cases originating in the High Court. Matters heard by the High Court on appeal from the State Courts cannot be further appealed to the Court of Appeal, though questions of law may be submitted to the Court for determination.

The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. As per schedule in the Act of 1964 family courts entertains the disputes of dissolution of marriage, recovery of maintenance of wives and minors, dower, dowery articles, guardian and wards disputes ie custody of minors, recovery of bridal gifts etc. All final decisions are appealable before the court of district judge while interim orders are not appealable but are challenged before high court through the constitutional jurisdiction.

The Court of Appeals agreed with the denial of absolute immunity, but held, with respect to the denial of qualified immunity, that the District Court's order was not appealable under the collateral order doctrine.

The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia. The building itself is on the Victorian Heritage Register.

"What Happens at a MVC Suspension Hearing?", accessed July 15, 2013. Decisions by the MVC regarding the granting of a hearing, as well as the revised terms of suspension following a hearing, are appealable to the State of New Jersey Appellate Division.

NZI Insurance New Zealand Litd v Auckland District Court [1993] 3 NZLR 453, is a New Zealand case that addresses cases decided in the disputes tribunals, and whether the resulting decisions are later appealable due to the referee making an error of law.

Douglas, dissenting, stated that the refusal of a declaratory judgment might be as definitive an adjudication as the refusal of an injunction, and that a properly convened three-judge Federal District Court's order granting or denying an injunction "or its equivalent" was appealable under 1253.

"Small Tax Cases" are conducted under Internal Revenue Code section 7463, and generally involve only amounts in controversy of $50,000 or less for any one tax year.See . The "Small Tax Case" procedure is available "at the option of the taxpayer." These cases are neither appealable nor precedential.

Accordingly, the reasoning that underlies the immediate appealability of the denial of absolute immunity indicates that the denial of qualified immunity should be similarly appealable under the "collateral order" doctrine; in each case, the district court's decision is effectively unreviewable on appeal from a final judgment. The denial of qualified immunity also meets the additional criteria for an appealable interlocutory order: it conclusively determines the disputed question, and it involves a claim of rights separable from, and collateral to, rights asserted in the action. P P. 524-530. :3. Petitioner is entitled to qualified immunity from suit for his authorization of the wiretap in question notwithstanding his actions violated the Fourth Amendment.

Such initial assignment is made at the discretion of the patrol chief and is not appealable. After their initial assignment is complete, troopers may request reassignment to another field troop to special duty with any of the patrol's specialized units, such as the Marine Enforcement Section or Capital Patrol Section.

On 13 January the judge appeared on the TV Program 90 seconds to defend her actions. "I am not inept," she declared. "I have no reason to regret making an appealable jurisdictional decision." She denied that the decision to jail Mansilla pending the investigation was prompted by the Law of Proportionality.

The Innocence Project agreed to pay for the testing if Lobato's petition was granted. The petition was opposed by the Clark County District Attorney's Office, and denied by Judge Vega. Lobato appealed that ruling to the Nevada Supreme Court, which on January 12, 2012 dismissed her appeal on the basis Judge Vega's ruling was not appealable under NRS 176.0918.

Alito rejected the respondent's argument that the Court's decision in Johnson v. Jones prevents the Court from having jurisdiction in this case, stating that in Johnson, the summary judgment order was not appealable because "it merely decided 'a question of evidence sufficiency', i.e. which facts a party may, or may not, be able to prove at trial".Plumhoff, 572 U.S. 765, slip op.

An applicant for attorney's fees under the EAJA must file an application within thirty days of the final judgment in the civil action. 28 U.S.C. § 2412 (d) (1) (B). Scarborough, 124 S. Ct. 1856 (2004). However, an EAJA application may be filed until thirty days after a judgment becomes “not appealable.” 28 U.S.C. §§ 2412 (d) (1) (B) and (d) (2) (G).

Youth Courts have jurisdiction over misdemeanor and felony acts committed by those charged as a juvenile under the law. There is a Youth Court in every judicial district, and decisions of the Youth Court are appealable directly to the Montana Supreme Court. The Montana Worker's Compensation Court was established by the Montana Workers' Compensation Act in 1975. There is a single Workers' Compensation Court.

The Court granted certiorari to hear the case due to the procedural issues involved. Its decision to hear the case allowed the consideration of a third issue: was the district court's stay properly appealable? After the 1981 term had intervened, it heard oral arguments on the abstention, appealability and arbitrability questions in November 1982. Jack Floyd, arguing for the hospital, called Mercury's petition for an arbitration order "curious".

Rehnquist, 31–32. After justifying the stay, he attacked the holding that it was appealable. "The Court has not given any sound, principled justification for permitting the Court of Appeals to thrust itself into the trial process in this case". Idlewild was not controlling since the circumstances had been no pending state legislation in that case, and thus Mercury was in a better position than Idlewild had been.

323 (2017). A new set of plaintiffs then filed a new class action bringing the same claims. After the district court again refused to certify the class action claims, plaintiffs joined Microsoft's motion to dismiss the entire lawsuit with prejudice, which U.S. District Judge Ricardo S. Martinez granted on March 27, 2012. Plaintiffs hoped this would create an appealable issue whereby they could also challenge the denied class certification.

The Ohio Eleventh District Court of Appeals is one of twelve appellate courts in Ohio. www.11thcourt.co.trumbull.oh.us It is a state court. The Eleventh District is composed of five counties: Ashtabula, Geauga, Lake, Portage, and Trumbull.Ohio Revised Code 2501.01 When a lower court in one of those five counties has issued a final appealable order, the parties generally have the right to one appeal to the court of appeals.

All disciplinary actions taken by the COS are appealable to the NEC.National Constitution , Article XXIII. Members of the COS are appointed for three-year terms by the National President subject to ratification by the NEC. The COS must include in its membership at least one Province Governor and at least one collegiate member, though these statuses must only be held at the time of appointment and not for the entire term.

Rutherford v. Fisher, 4 U.S. (4. Dall.) 22 (1800), was a U.S. Supreme Court decision holding that an order denying the statute of limitations defense is not appealable. There had been a writ of error in a case from the Circuit Court of New-Jersey, and a motion was made to quash the writ because it was not a final decree and the act of Congress referred to a "final judgment".

The High Court of Uganda, also Uganda High Court, is the third-highest judicial organ in Uganda, behind the Supreme Court of Uganda and the Court of Appeal of Uganda. It has "unlimited original jurisdiction", with powers to try any case of any value or crime of any magnitude. It is also mandated to hear all appeals from all Magistrates Courts. High Court judgements are appealable to the Uganda Court of Appeal.

It has a single judge, appointed by the governor. The Worker's Compensation Court has statewide jurisdiction and holds trials in Billings, Great Falls, Helena, Kalispell, and Missoula. The court hears cases arising under the Montana Workers' Compensation Act, and is the court of original jurisdiction for reviews of orders and regulations issued by the Montana Department of Labor and Industry. Decisions of the court are appealable directly to the Montana Supreme Court.

However, decisions entered pursuant to small tax case procedures are not appealable and are not precedential. Cases are calendared for trial as soon as practicable (on a first in/first out basis) after the case becomes at issue. When a case is calendared, the parties are notified by the Court of the date, time, and place of trial. Trials are conducted before one judge, without a jury, and taxpayers are permitted to represent themselves if they desire.

The court systems in the emirates of Dubai and Ras al Khaimah are independent of the federal system, but they apply the Civil Procedure Code. Each court system has a multilevel appeals process, and verdicts in all capital cases are appealable to the President. The nature of a case determines which court system hears it, but most cases fall under the jurisdiction of the secular courts. Due-process rights are uniform under both Sharia and civil court procedure.

The Supreme Court of Haiti interprets and expounds all congressional enactments brought to it in cases, and as such it interprets state law. It also has superseding power over all courts to examine departmental and federal statutes and executive actions, determining whether they conform to the country's Constitution. The Labor Courts and the Land Court are only appealable to the Supreme Court, as opposed to the Juvenile Court and the High Court of Accounts.IBP, Inc. 2013.

OIA notifies the foreign government and arranges for the transfer of the fugitive to the agents appointed by the requesting country to receive him or her. Although the order following the extradition hearing is not appealable (by either the fugitive or the government), the fugitive may petition for a writ of habeas corpus as soon as the order is issued. The district court's decision on the writ is subject to appeal, and the extradition may be stayed if the court so orders.

Accordingly, the PCA tribunal decision is ruled as final and non-appealable by either countries. The tribunal also criticized China's land reclamation projects and its construction of artificial islands in the Spratly Islands, saying that it had caused "severe harm to the coral reef environment". It also characterized Taiping Island and other features of the Spratly Islands as "rocks" under UNCLOS, and therefore are not entitled to a 200 nautical mile exclusive economic zone. China however rejected the ruling, calling it "ill-founded".

Castroneves stated that he did not understand why the non-appealable penalty was issued after the race and that it appeared "very unfair". Da Matta stated he believed Castroneves had not abided by the series' regulations and forgot a change in the pit lane speed limit. Nevertheless, he was happy that he was able to finish third, and revealed that his team held their own celebration after hearing about the penalty. Although Servià finished tenth, race officials had recorded his result as 15th.

However, they were appalled that the Parliament also adopted the Erastian argument and made any final decision of the church on the question of excommunication appealable from the General Assembly to the Parliament of England. This decision provoked protests from the Presbyterian party. The Parliament of Scotland, worried that the Long Parliament was failing to live up to its commitments under the Solemn League and Covenant, protested the Erastian nature of the ordinance. The ministers of London organized a petition to the Parliament.

Accordingly, the PCA tribunal decision is ruled as final and non- appealable by either countries. The tribunal also criticized China's land reclamation projects and its construction of artificial islands in the Spratly Islands, saying that it had caused "severe harm to the coral reef environment". It also characterized Taiping Island and other features of the Spratly Islands as "rocks" under UNCLOS, and therefore are not entitled to a 200 nautical mile exclusive economic zone. China however rejected the ruling, calling it "ill-founded".

In jurisdictions that utilize petitions for review, parties may file a petition in an appellate tribunal that asks the appellate tribunal to determine whether the previous court or tribunal reached the correct outcome.See, e.g., 402-03 ("An aggrieved party, including the State of Alaska, may petition the appellate court as provided in Rule 403 to review any court order or decision that is not appealable under Rule 202 and is not subject to a petition for hearing under Rule 302."); 210 1561.

Appeals to the Montana Supreme Court are "appeals of right," meaning that the court does not have discretion as to whether it accepts review of the lower court's decision. Appeals are taken from both civil and criminal matters by a party filing a notice of appeal in the district court that issued the order or judgment from which the appeal is sought.Mont. Code Ch. 21, Rule 4. Contempt orders are not appealable, and so can only be reviewed on application for a writ of review.Mont.

In general, federal law (specifically ) only allows courts of appeals to hear appeals from the "final decisions" of district courts, and Alito acknowledged that an order denying summary judgment "is generally not a final decision within the meaning of §1291 and is thus generally not immediately appealable".Plumhoff, 572 U.S. 765, slip op. at 5. However, summary judgments based on qualified immunity are an exception to this general rule, since qualified immunity is "an immunity from suit rather than a mere defense to liability".

Courts convicted seven traffickers (eight in 2015), five of which were appealable verdicts and two were final verdicts with sentences of six years' imprisonment for a sex trafficking case. Police identified 17 sex trafficking victims in 2016, compared to 38 sex trafficking victims in 2015. The Ministry of Demography, Family, Youth and Social Policy (MDFYSP) spent approximately 400,000 kunas (US$56,740) to support two shelters and provide monthly stipends for victims, compared to 446,541 kunas (US$63,340) in 2015. The government provided shelter for one child, two females, and one male.

Such leave would only be granted in cases of general public importance or in the interests of justice. The intent of the amendment was to reduce the work load of the Supreme Court, allowing it to concentrate on a smaller number of more important cases. Before the adoption of the amendment, the Supreme Court had mandatory jurisdiction-- civil cases decided by the High Court were directly appealable to the Supreme Court, which had no choice over which appeals it heard. The bill was passed through both houses of the Oireachtas on 24 July 2013.

P P. 520-524. :2. The District Court's denial of qualified immunity, to the extent it turned on a question of law, is an appealable "final decision" within the meaning of 28 U.S.C. § 1291 notwithstanding the absence of a final judgment. Qualified immunity, similar to absolute immunity, is an entitlement not to stand trial under certain circumstances. Such entitlement is an immunity from suit rather than a mere defense to liability; and like absolute immunity, it is effectively lot if a case is erroneously permitted to go to trial.

The term decree has had a similar usage in admiralty, probate, and divorce law.Law.com. A decree is often a final determination, but there are also interlocutory decrees. A final decree fully and finally disposes of the whole litigation, determining all questions raised by the case, and it leaves nothing that requires further judicial action; it is also appealable. An interlocutory decree is a provisional or preliminary decree that is not final and does not fully determine the suit, so that some further proceedings are required before entry of a final decree.

As a result of the asbestos-related costs and staggering losses on the Barracuda Caratinga FPSO construction project based in Rio de Janeiro, Brazil, Halliburton lost approximately $900 million U.S. a year from 2002 through 2004. A final non-appealable settlement in the asbestos case was reached in January 2005 which allowed Halliburton subsidiary KBR to exit Chapter 11 bankruptcy and returned the company to quarterly profitability. While Halliburton's revenues have increased because of its contracts in the Middle East, the overall impact on its bottom line has been mixed.

Provost crimes included high violent crimes and crimes committed by repeat offenders (repris de justice), who were familiarly known as the gibier des prévôts des maréchaux (Provost Marshal jailbirds; literally "Game of the Provosts of the Marshalls"). They had military jurisdiction in regiments without "Military Provost" (Prévôt d'épée; see above), and their rulings were not appealable. However, the provost was required to consult a certain number of ordinary judges or "masters of law". As Presidial judges had concurrent jurisdiction with Provost Marshals for non-military cases, the two vied openly to be vested.

On Lap 13 after an incident with series regular and championship contender Ron Hornaday, Busch deliberately turned him into the outside wall under caution, ending Hornaday's title hopes. NASCAR black-flagged Busch, parking him from the event. The next morning, NASCAR announced that Busch would remain parked for the remainder of the weekend, including the 2011 O'Reilly Auto Parts Challenge and the 2011 AAA Texas 500. NASCAR took this action under rules that allow it to park a driver in order to ensure the "orderly conduct of the event," an action which is not appealable.

Property taxes are appealable to local boards of review and need the approval of the local electorate to exceed millage rates prescribed by state law and local charters. In 2011, the state repealed its business tax and replaced it with a 6% corporate income tax which substantially reduced taxes on business. Article IX of the Constitution of the State of Michigan also provides limitations on how much the state can tax. A 6% use tax is levied on goods purchased outside the state (that are brought in and used in state), at parity with the sales tax.

Virgin team principal Alex Tai told the press that he sought an answer of whether Bird's penalty was appealable but chose to follow instructions since that would be difficult to do. Engel revealed his issue was caused by a loss of electrical power between the first and second turns every lap which allowed Rosenqvist to attack him. As a consequence of the final positions, Bird led the Drivers' Championship with 25 points. Vergne was four points behind in second place, Heidfeld was third with 15 points and Piquet followed a further three points behind in fourth place.

The Supreme Court of Canada rests at the apex of the judicial pyramid. This institution hears appeals from the provincial courts of last resort, usually the provincial or territorial courts of appeal, and the Federal Court of Appeal, although in some matters appeals come straight from the trial courts, as in the case of publication bans and other orders that are otherwise not appealable. In most cases, permission to appeal must first be obtained from the court. Motions for leave to appeal to the Court are generally heard by a panel of three judges of the Court and a simple majority is determinative.

They cited the inconsistencies of the dashboard system from car to car, and claimed the dashboard lights had not come on in Tracy's car until after he had made the pass. Penske Racing's primary defense concentrated on their interpretations of the IRL rulebook. They stated that at the commencement of a yellow caution period, the positioning of the cars is a judgement call made quickly by the officials. They also stated that the ruling of a car passing another car under a caution period is specifically listed as not protestable or appealable under the existing rules.

The High Court dismissed the appeal, as the Disputes Tribunal is composed of laymen (and not solicitors), therefore it is not necessary for a referee to "know all the relevant law". Furthermore, section 18(6) also states that a referee "shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities". The end effect is that Dispute Tribunal rulings are not appealable due to any alleged error of law, as well as that the referee can instead make a ruling based on what they think is "fair and just".

In May 2011, Ante Sapina was sentenced to five and a half years' imprisonment by the District Court of Bochum. Marijo Cvrtak was also sentenced to five and a half years' imprisonment and Dragan M. received a probation sentence of one year and six months. In December 2012, the Federal Court of Justice declared the previous rulings against Sapina and an accomplices for non-appealable and dismissed them. In March 2013, Milan Sapina was sentenced to ten months' imprisonment by the district court of Bochum, the sentence was largely waived in March 2014, leaving only a four- month imprisonment time.

Each federal judicial district has at least one courthouse, and many districts have more than one. Most decisions of district courts may be appealed to the respective court of appeals of their circuit, with a small number instead being appealable to the Federal Circuit, or directly to the Supreme Court. In contrast to the Supreme Court, which was established by Article III of the Constitution, the district courts were established by CongressArticle III of the Constitution provides that the "judicial power of the United States, shall be vested in . . . such inferior courts as the Congress may from time to time ordain and establish." under the Judiciary Act of 1789.

In recent years the need of safety and performances improvements with respect to the state-of-the-art Li-ion chemistry are making solid-state batteries very appealable and are now considered an encouraging technology to satisfy the need for long range battery electric vehicles of the near future. In March 2020, the Samsung Advanced Institute of Technology (SAIT) published the research on an all-solid-state battery (ASSB) using an argyrodite-based solid- state electrolyte with a demonstrated energy density of 900 Wh L−1 and a stable cyclability of more than 1000 cycles, reaching for the first time a value close to the 1000 Wh L−1.

An arbitration tribunal was constituted under Annex VII of UNCLOS and it was decided in July 2013 that the Permanent Court of Arbitration (PCA) would function as registry and provide administrative duties in the proceedings. On 12 July 2016, the arbitrators of the tribunal of PCA agreed unanimously with the Philippines. They concluded in the award that there was no evidence that China had historically exercised exclusive control over the waters or resources, hence there was "no legal basis for China to claim historic rights" over the nine-dash line. Accordingly, the PCA tribunal decision is ruled as final and non-appealable by either country.

The Supreme Court, in an opinion by Justice Brennan, held that the District Court had properly dismissed the case for lack of jurisdiction to hear an appeal of the highest court in a state. The denial of a waiver for admission to the bar, an evaluation of specific facts in light of an existing rule of law, was a judicial determination, only appealable to the Supreme Court. The Court noted, however, that a facial challenge to the constitutionality of the law would not be considered a review of anything that had been decided by the D.C. Court of Appeals, and remanded this question to the lower court.

This feature acts to greatly reduce the cost of litigation to the anti-SLAPP defendant, and can make beating the motion extremely difficult for the plaintiff, because they effectively must prove their case has at least a basis of visible legal merit and is not merely vexatious, prior to discovery. If the special motion is denied, the order denying the motion is immediately appealable. Defendants prevailing on an anti-SLAPP motion (including any subsequent appeal) are entitled to a mandatory award of reasonable attorney's fees. After an anti-SLAPP motion has been filed, a plaintiff cannot escape this mandatory fee award by amending its complaint.

Counties Comprising Seventh District Outlined in Red The Ohio Seventh District Court of Appeals is one of the twelve Ohio District Courts of Appeal, the state intermediate appellate courts of Ohio. It has jurisdiction over eight counties: Belmont, Carroll, Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble.Ohio Revised Code 2501.01 When a lower court in one of those eight counties has issued a final appealable order, the parties generally have the right to one appeal to the court of appeals. A further appeal may be attempted to the Ohio Supreme Court (which has discretionary jurisdiction and elects to hear a comparably small number of cases).

The Bankruptcy Court ruled in favor of a jury trial, and on appeal, the District Court affirmed. The defendant, Connecticut National Bank, then sought to appeal this interlocutory ruling to the United States Court of Appeals for the Second Circuit, but that court held it had no jurisdiction and dismissed the appeal. The Supreme Court granted certiorari to resolve a dispute as to whether a District Court's interlocutory order on a bankruptcy appeal was appealable to the Court of Appeals in the circumstances authorized under section 1292. The case was argued by Janet C. Hall, now a federal judge in Connecticut, for the petitioner, and by bankruptcy trustee Thomas M. Germain for himself as respondent.

On 18 November 2014, acting on the recommendation of Eckert, the FIFA lodged a criminal complaint with the Swiss judiciary relating to the "possible misconduct of individual persons in connection with the awarding of the hosting rights of the 2018 and 2022 World Cup", specifically regarding "international transfers of assets with connections to Switzerland". On 16 December 2014, the FIFA's Appeal Committee dismissed Garcia's appeal against the Eckert summary as "not admissible". FIFA also stated that Eckert's summary was "neither legally binding nor appealable". A day later, Garcia resigned from his role as FIFA ethics investigator in protest of FIFA's conduct, citing a "lack of leadership" and lost confidence in the independence of Eckert from the FIFA.

The decision in Hawkes states that these types of regulatory determinations are immediately appealable to the courts without the need to continue the licensing process, such as the option to refile for a permit for CR 595 from the CoE instead of the DEQ/EPA. The MCRC and the EPA entered court-ordered mediation to resolve the lawsuit, and the MCRC's lawyers called upon the Trump Administration to settle the case and allow the road to be built. The appeals court ruled in favor of the EPA in March 2017. The case ended when the Supreme Court of the United States denied a petition for a writ of certiorari on March 4, 2019.

The orders and convictions of a court of summary jurisdiction are in many cases appealable to quarter sessions. The right to appeal is always dependent on the specific provisions of a statute. The Summary Jurisdiction Act 1879 gives a general power of appeal against an adjudication on conviction (but not on plea of guilty) to imprisonment without the option of a fine, whether as punishment for an offence or for failure to do or abstaining from doing any act, other than compliance with an order to pay money or find security or enter into recognizances or to find sureties (1879, s. 19). The procedure on the appeals is regulated and made uniform by the acts of 1879, ss.

An appeal from the Circuit Court may be taken to the Court of Appeals of Virginia in limited cases (domestic relations and certain administrative matters), but appeals of general civil judgments are directed to the exclusive appellate jurisdiction of the Virginia Supreme Court. An appeal may only be taken from a decision to which the appealing party objected with reasonable certainty at the time that the decision was made. In order to perfect an appeal, the appellant must file a notice of appeal with the Clerk of the Circuit Court within thirty days of the appealable judgment or decree. A post-judgment motion does not extend the time for an appeal unless the Circuit Court has suspended the judgment.

The Council first voted to approve the first part, the first two paragraphs up to the word drauge, of the Act. This section was approved unanimously. The second part, however, did not receive support from the four withdrawn members because they were not satisfied with the word "finally" in describing the duties of the Constituent Assembly (in "... the foundation of the Lithuanian State and its relations with other countries will be finally determined by the Constituent Assembly ..."). They were afraid that this word would give a pretext for the Council to usurp the powers of the Constituent Assembly, while the majority argued that the word simply expressed the non- negotiable and non-appealable nature of the future Assembly's decisions.

In March 2012, the Mannheim state court judges dismissed both the Apple and Samsung cases involving ownership of the "slide-to-unlock" feature used on their respective smartphones. The New York Times reported the German courts were at the center of patent fights among technology company rivals. In July 2012, the Munich Higher Regional Court Oberlandesgericht München affirmed the lower Regional Court's denial of Apple's motion for a preliminary injunction on Apple's allegation that Samsung infringed Apple's "overscroll bounce" patent; the appellate court's appealable ruling affirmed the lower court's February decision doubting the validity of Apple's patent. On September 21, Mannheim Regional Court ruled in favour of Samsung in that it did not violate Apple's patented features in regards to touch-screen technology.

All decisions should be issued within a reasonable time, taking into account the nature of the claim, and, if they are not, the contractor may either request a tribunal to direct the Contracting Officer to issue a decision within a specified time or treat the failure to issue a decision as an appealable "deemed" denial of the claim.41 U.S.C. 7103(f)(3). If the contractor is dissatisfied with the Contracting Officer's decision on a claim, the contractor may (i) appeal that decision to the cognizant agency board of contractor appeals within 90 days of receipt of the decision or (ii) bring suit on the claim in the United States Court of Federal Claims within 12 months.41 U.S.C. 7104(a),(b).

Appeals are taken from the four departments of the New York Supreme Court, Appellate Division to the Court of Appeals. In some cases, an appeal lies of right, but in most cases, permission (or "leave") to appeal must be obtained, either from the Appellate Division itself or from the Court of Appeals. In civil cases, the Appellate Division panel or Court of Appeals votes on petitions for leave to appeal; in most criminal cases, however, the petition for leave to appeal is referred to a single Justice or Judge, whose decision whether to grant or deny leave is final. In some criminal cases, some appellate decisions by an Appellate Term or County Court are also appealable to the Court of Appeals, either of right or by permission.

The Tribunal also has appellate jurisdiction in Anti Dumping matters and the Special Bench headed by the President, CESTAT, hears appeals against the orders passed by the Designated Authority in the Ministry of Commerce. According to Section 86, any assessment order passed by Commissioner of Central Excise under section 73 or Section 83A or orders of revision by Commissioner of Central Excise under Section 84 or orders of the Commissioner of Central Excise (Appeals) under Section 85 are appealable before the Appellate Tribunal (CESTAT) by any of the aggrieved parties i.e., assessee, Commissioner of Central Excise or the Board. The Government had a law enacted in 1986, to create a Tribunal empowered like a High Court, called Customs and Excise Revenues Appellate Tribunal.

The Court of Cassation cannot rule on the merits of a case, so, when quashing a verdict issued by a lower Court, it is possible that the members of the Court realize that further fact-finding is required to reach a final judgement. In these cases, the Court quashes the previous judgement, but it remands the case to another criminal division of the Appellate Court that issued the appealed decision or, if it is not possible, to a criminal division of the nearest Appellate Court. The Judge ad quem (the one the case is remanded to) can try de novo the defendant, but must conform to the contingent points of law applied by the Court of Cassation. The verdict issued by the Judge ad quem is appealable before the Court of Cassation.

Regional Trial Courts shall exercise appellate jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions. Such cases shall be decided on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Courts. The decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the Court of Appeals which may give it due course only when the petition shows prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.

Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law doctrines with a complete federalism, wherein the national supreme court has virtually no power to review state court decisions to determine whether the state courts have followed state laws. The High Court of Australia is sometimes said to have federal common law, but because all state and territorial courts are directly appealable to the High Court, this is indistinguishable from a general common law. In contrast, the United States Supreme Court has effectively barred the creation of federal common law in areas traditionally under the authority of state courts.

If a counterclaim or crossclaim had been filed, a nonsuit could still be taken by the plaintiff with the agreement of the defendant, or if the defendant's claim could be adjudicated independently. The plaintiff can not use the nonsuit as a means to change venue to another Virginia state court – if the plaintiff seeks to refile the suit, he must refile in exactly the same court unless that court lacked jurisdiction or venue, or must show good cause to litigate elsewhere. However, a nonsuit does not prohibit the plaintiff from refiling the same suit in another state, or in a federal court in Virginia. The decision of the court to allow the plaintiff to take a nonsuit is not appealable, unless the defendant had objected to the nonsuit before the trial court.

The CTA may sit en banc or in three divisions with each division consisting of three justices. The CTA, as one of the courts comprising the Philippine Judiciary, is under the supervision of the Supreme Court of the Philippines. Previously, only decision, judgment, ruling or inaction of the Commissioner of Internal Revenue, the Commissioner of Customs, the Secretary of Finance, the Secretary of Trade and Industry, or the Secretary of Agriculture, involving the National Internal Revenue Code and the Tariff and Customs Code on civil matters are appealable to the Court of Tax Appeals. The expanded jurisdiction transferred to the CTA the jurisdiction of the Regional Trial Courts and the Court of Appeals over matters involving criminal violation and collection of revenues under the National Internal Revenue Code and Tariff and Customs Code.

Justiciability. Chief Justice Taft, writing for the majority, first held that the appeal of Wood's executors was a justiciable case or controversy for the court to decide. Furthermore, the fact that the Revenue Act of 1926 (which altered the appeals process for tax deficiencies) was passed while the case was under review by the Board of Tax Appeals did not cut off the judicial process sought by the petitioners. Taft held that the principle of res judicata resolved the jurisdictional issue, because regardless of whether the District Court action or the Board's action were decided first, the judgment which was first in time would then be properly appealable. Merits. Taft held that payment of Mr. Wood's taxes by his employer constituted additional taxable income to him for the years in question.

On December 17, 2012, the Southern Association of Colleges and Schools announced that it had downgraded the DeKalb County Schools System's status from "on advisement" to "on probation" and warned the school system that the loss of their accreditation was "imminent." Partially in an attempt to distance Druid Hills from the danger of disaccreditation and county mismanagement, parents and other contributors of Druid Hills High School began a petition to form a private charter cluster of five elementary schools, one middle school, and one high school. This included Druid Hills High School, Avondale Elementary, Briar Vista Elementary, Fernbank Elementary, Laurel Ridge Elementary, McLendon Elementary, and Druid Hills Middle School. However, this charter was turned down by the Dekalb School Board on November 11, 2013 with a 5–4 vote against it, which was a final and non-appealable decision.

Also in California, a demurrer is not said to be "granted," but is said to be "sustained" or "overruled." An order sustaining a demurrer is not a readily appealable order unless it disposes of an entire action without leave to amend and results in a judgment.9 WITKIN, California Procedure (5th), Appeal, Section 154 and 5 WITKIN, California Procedure (5th), Pleading, Section 997. The term preliminary objection is used in Pennsylvania state court to refer to all motions made after the filing of a complaint but before the filing of an answer; preliminary objections may be made "in the nature of a demurrer" (seeking to dismiss a cause of action for legal insufficiency) or "in the nature of a motion to strike" (seeking to remove parts of a pleading for failure to abide by the technical rules), as well as various other means.

The Court has inherent appellate jurisdiction for appeals (called pourvois en cassation) from courts of appeal or, for certain types of small claims cases not appealable to appellate courts, from courts of record. The Supreme Court reviews the appeal on the record and may affirm or set aside lower court rulings; if set aside, the ruling is said to be cassé (French for "quashed"), hence the French name of Cour de cassation, or "Quashing Court". The Court adjudicates by strict appeal, or appeal stricto sensu, which is limited to review of the decision and of the decision-making process on a point of law, and may only allow the appeal in cases of serious error; fresh evidence is not admissible. The typical outcome of a successful appeal is setting aside of the lower court's decision and remittal for reconsideration.

Hong Kong's legal system was developed under British governance, based on the English common law. Under British rule, the constitutional documents that governed Hong Kong were the Letters Patent and the Royal Instructions, and judicial cases were generally appealable to the Judicial Committee of the Privy Council in the UK. In the 1984 Sino-British Joint Declaration, the UK and the PRC mutually agreed that Hong Kong would be returned to China after 1997. Hong Kong would be governed by the "one country, two systems" principle, under which Hong Kong's previous capitalist system and way of life, including the legal system, would remain unchanged for a period of 50 years until 2047. The Hong Kong Basic Law, which is a law passed by the Chinese National People's Congress, came into effect in 1997, becoming the constitutional document in Hong Kong.

July 2020 – The Supreme Court of the Republic of Slovenia passes a judgement pursuant whereto the Mercator shares temporarily seized in late 2019 by decision of the Public Competition Agency of the Republic of Slovenia, have to be returned to Agrokor without delay. The Supreme Court declared the seizure of shares to be unlawful, arguing that AVK had no legal foundation to issue the ruling on seizing the shares. The request for the protection of lawfulness was filed with the Supreme Court of the Republic of Slovenia by the State Attorney’s Office of the Republic of Slovenia, where it basically stated that the Slovenian AVK had acted unlawfully by seizing the Mercator shares from Agrokor. With its final and non-appealable judgement the Supreme Court confirmed that statement, changed AVK’s decision and stopped the procedure run by AVK against Agrokor, in which the Mercator shares had been seized.

Although the Court acknowledged the importance of the attorney–client privilege, it reasoned that there are many other important rights that litigants must wait to vindicate until after the entry of final judgment. Appellate courts can remedy improper disclosure of privileged materials the same way erroneous evidentiary rulings are remedied: by vacating judgment and remanding the matter back to the district court for a new trial in which the protected material and its fruits are excluded. The Court also reasoned that the possibility of a disclosure order and a delayed potential appeal is unlikely to interfere with attorney–client communications. The Court noted that parties subject to an adverse disclosure order regarding attorney–client privilege have other options besides a collateral order appeal, such as the certification and acceptance of an interlocutory appeal under 28 U.S.C. Section 1292(b), petitioning for a writ of mandamus, or by defying the order and incurring court-imposed sanctions such as a contempt of court citation which is immediately appealable.

Initially, the tribunal was limited to acting as an appeals court for cases that were first decided by the district courts (the cases decided by justices of the peace and appealed to the district courts were not appealable to the tribunal). Due to difficult economic situation and lack of educated jurists, Lithuania did not have a separate court of cassation and it was hoped that since there is only one Supreme Tribunal for the entire country it could also handle the function of law interpretation. In July 1919, the tribunal became a court of cassation for cases referred from the Army Court (until 1928, some political cases from the Army Court could also be reviewed for the facts of the case). With the ongoing Lithuanian Wars of Independence (ended in November 1920) and the continued martial law (lifted only in November 1939), the Army Court was very active. In 1920–1929, the tribunal handled 854 cases from the Army Court (152 appeals and 702 cassations).

The Petitioner, joined by the brother and sisters filed with the Court of Appeals a petition for a writ of mandamus ordering the District Judge to vacate his original order and enter a new one. The Court of Appeals proceeded to determine the controversy on the merits as though it were submitted on appeal and denied the petition for the writ and affirmed the District Court's order. In light of the circumstances, the Supreme Court of the United States (Supreme Court) believed the Court of Appeals properly implemented the same policy Congress sought to promote in Section:1292(b) by treating this obviously marginal case as final and appealable. Though the Court of Appeals review of this case could have been seen as piecemeal, it did not appear that the inconvenience and cost of trying the case was increased just because the Court of Appeals decided on the issues raised, instead of making the parties go to trial on the very same issues.

Fortenova Group, based in Zagreb, Croatia, has been operating since April 1, 2019. The company was established through the implementation of the Settlement Plan closed between the creditors of Agrokor which had, due to illiquidity and over-indebtedness, ended up in pre-bankruptcy, managed through the Extraordinary Administration Procedure pursuant to the Act on Extraordinary Administration Procedures in Companies of Systemic Importance for the Republic of Croatia. As a result of the successfully conducted and concluded negotiations among Agrokor’s creditors and the adopted final and non- appealable Settlement Plan, Fortenova Group started its operations as a new company with a completely redesigned ownership, organisational and management structure. The team, headed by Extraordinary Commissioner Fabris Peruško, that ran the process of Agrokor’s financial restructuring over the course of the Extraordinary Administration Procedure, was presented with the prestigious TMA Turnaround and Transaction Award for 2019 in the category of international transaction of the year.

According to Article IX-C, Section 2 of the 1987 Constitution of the Philippines, the Commission on Elections shall exercise the following powers and functions:Article IX-C, Section 2, 1987 Constitution of the Philippines # Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. # Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. # Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.

Child support is a divisive issue for many people. While the scheme has enjoyed bipartisan support from successive governments since 1988, lobby groups for those who receive child support as well as those who pay have complained about perceived shortfalls of the scheme. Resident parent groups have complained that the agency remains ineffective against non-compliance from self-employed parents in particular (a group to whom many administrative enforcement procedures such as salary garnishees are not possible), while many paying parent groups complain that they are treated unfairly. In particular a recent program undertaken by the agency reconciled a number of income estimates from paying parents that were up to ten years old, creating large debts that were not appealable under any existing arrangements (courts only having jurisdiction for seven years of retrospectivity.) Further criticism of CSA is the use of number of nights as a way to determine how much child support should be paid to the primary caregivernumber of nights – though in certain circumstances, hours of care can be used if significant enough.

The Assistant Collector of Central Excise, IDO No. 23, Bangalore-1 issued show cause notice No. C. No. V. 23A(17)18/75 to the petitioner, M/s Alembic Glass Industries Ltd., Baroda, a public limited company, proposing to withdraw or revoke the provisional approval accorded by the Superintendent of Central Excise, Bangalore, which allowed the cost of ‘cartons’ or ‘packing materials’ supplied by its buyers to be not includible in the assessable value of excisable goods manufactured and supplied to its wholesale purchasers. The petitioner contended that the packing material supplied by buyers is not includible in the assessable value of ‘glass and glassware’ manufactured and supplied to the wholesale buyers under the Act and therefore, the impugned notice is manifestly illegal. Counsel for the Central Government, appearing for the respondents contended that the Court should decline to interfere with the show cause notice on the ground that it is open to the petitioner to show cause, which the authority is bound to examine and decide and that the ultimate order to be made was appealable under the Act.

See , which states: "A decision entered in any case in which the proceedings are conducted under this section shall not be reviewed in any other court and shall not be treated as a precedent for any other case." At times there have been efforts in the Congress and the Tax Bar to create a single national Court of Appeals for tax cases (or make Tax Court decisions appealable to a single existing Court of Appeals), to maintain uniformity in the application of the nation's tax laws (the very reason underlying the creation of the Tax Court and the grant of national jurisdiction to the Tax Court), but efforts to avoid "hometown results" or inconsistent results due to a lack of expertise have failed. An important reason for the movements to create a single national Court of Appeals for tax cases is that the United States Tax Court does not have exclusive jurisdiction over tax cases. In addition to the Tax Court, federal tax matters can be heard and decided in three other courts: U.S. District Courts, the Court of Federal Claims, and the Bankruptcy Court.