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View Diary: Supreme Court puts Utah marriage equality on hold for now (363 comments)

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  •  I said that. You can appeal and be required to (2+ / 0-)
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    malharden, VClib

    post a bond and then the judgment is not final AND executable.  It's that way in the federal rules and most states, I think.  They give the person against whom the judgment is entered the option.

    If you don't post a bond, it may be executable, but it's not final until all appeal periods have run.  "Final"typically means "non-appealable."

    •  Final actually means "appealable." (2+ / 0-)
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      Tonedevil, craigkg

      Only final judgments are appealable.  Appellate courts generally do not entertain appeals from nonfinal orders.

      What you are talking about is a judgment that is no longer subject to direct attack through the appellate process, either because it has been affirmed on appeal after exhaustion of all avenues of appellate review, or because the statutory time limit for appealing it has passed and no appeal has been noted.  (It might remain subject to collateral attack on certain very narrow grounds, however.)

      That is not the sense in which appellate courts use the word "final" when describing a judgment.  The concept of finality has a very distinct meaning in this context, and you appear to be confusing it with something entirely different.  

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Mon Jan 06, 2014 at 11:29:42 AM PST

      [ Parent ]

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