Jurisdiction, Interlocutory Orders

Fourth Circuit Takes Pendent Jurisdiction Over Appeal of Trial Court Order to Compel Arbitration Despite A Seeming Prohibition in...

Rosenberg Martin Greenberg LLP on 2/25/2022

The Federal Arbitration Act establishes a federal policy in favor of arbitration agreements and provides for enforcement in federal court of many agreements to arbitrate. 9 USC §§ 1, 4. Section 16(b) of the Arbitration Act...more

On Notice: How to Avoid Improper Notices of Appeal

Ward and Smith, P.A. on 9/20/2019

Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. A Notice of Appeal must "designate the judgment or order from which appeal is taken." But what might seem clear on its face isn't always so...more

COMING SOON: Changes to Texas Supreme Court Jurisdiction

Clark Hill PLC on 7/5/2017

In late May, Governor Abbott signed H.B. 1761, which will effect changes to the Texas Supreme Court’s jurisdiction beginning September 1, 2017. The changes simplify the most common grounds by which the Court may exercise its...more

Court Holds That Order Allowing A Successor Trustee And Reinstating A Prior Trustee Is Appealable

Winstead PC on 4/19/2016

In In re Tipps, an elderly woman’s son became trustee of a trust due to her incompetency, and the son and his brother went to a mediation concerning a guardianship proceeding and other issues. No. 05-14-01495-CV, 2016 Tex....more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 4 – A decision in Schlumberger, sort of

Gray Reed on 8/28/2015

Since we published Part 3 that discussed the details of an interesting case here in Houston, Schlumberger v. Rutherford, the First Court of Appeals issued its opinion on Tuesday. The best description of the decision is a...more

Receiver’s Sales Are Not Immediately Appealable In Federal Court

Ervin Cohen & Jessup LLP on 4/16/2015

QUESTION: I purchased assets from a receiver. The court approved the sale over the objection of one of the defendants. The sale has now closed. I was just informed that the defendant is appealing the order approving the sale....more

No Appellate Jurisdiction Over an Interlocutory Contempt Order

McDermott Will & Emery on 9/4/2014

Arlington Industries, Inc. v. Bridgeport Fittings, Inc. - Addressing whether an interlocutory contempt order stemming from a violation of an existing injunction is directly appealable, the U.S. Court of Appeals for the...more

Jurisdiction › Interlocutory Orders