Friday, February 28, 2014

What the Hail is a "Functionally Final" Order?

 
You know how the second a dispositive order is entered the SD FL immediately closes the case?  You also see a lot of "administratively closed" orders, for a variety of reasons.

What does it all mean?

What's it all about, Alfie?

Let's let the 11th elucidate:
The slight distinction between an administratively closed case and a dismissed case does not resolve the question of finality. What matters is whether the case, in all practicality, is finished. In this case, the district court not only administratively closed the case, but it also denied all pending motions as moot and compelled arbitration. The district court’s order was a functionally final and appealable decision because it left nothing more for the court to do but execute the judgment.
So now we are looking at a practicality test, determining on a case by case basis whether a particular order is "functionally final" such that appeal times and other deadlines begin to run.

Should be easy enough for all the ham-and-schleppers in the world to implement, right?

3 comments:

Anonymous said...

Happy Friday SFL!

Anonymous said...

OMG check out Spencer's World's second comment in the prior post . Too f'ing funny. Genius actually.

andrews said...

It doesn't sound like such a stretch to me. The test, nothing left but to execute judgment, sounds like the classic test of finality. ``A decree is final, for the purposes of an appeal to this court, when it terminates the litigation between the parties on the merits of the case and leaves nothing to be done but to enforce by execution what has been determined.'' Express Companies Cases, 108 US 24 (1883).