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Federal Appellate Review of Decisions of the Trial Court Before Final Judgment on All Claims
05/11/2000
Heather Bailey New
Justice Frankfurter’s observations about appellate review provide the initial premise for those seeking that review:
“[T]he right to a judgment from more than one court is a matter of grace and not a necessary ingredient of justice.”
Cobbledick v. U.S., 309 U.S. 323, 325, 60 S. Ct. 540, 541 (1940) (Frankfurter, J.).
This paper focuses on the question of when the appellate court extends that grace to review decisions of the trial court before final judgment.