final decision


final decision
For the purpose of appellate review: a decision which disposes of the whole case, adjudicates all rights including questions of liability and compensation, ends litigation on the merits, and leaves nothing for the court to do but execute the judgment, Lewis v E. I. Du Pont De Nemours & Co. (CA5 Ga) 183 F2d 29, 21 ALR2d 757; a decision which terminates the suit and puts the case out of court, although it does not adjudicate the merits of the litigated controversy, 4 Am J2d A & E § 55; a decision which terminates an action or proceeding, although it does not dispose of the whole subject matter in litigation. 4 Am J2d A & E § 53. A "final decision" rendered appealable by 28 USC 1291 involves the idea of a definitive judgment, order, or decree determining something more than a mere procedural incident in a lawsuit, and a judgment definitively adjudicating a claim for relief in a civil action clearly comes within the term. Bendix Aviation Corp. v Glass, 195 F2d 267, 38 ALR2d 356.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • final decision — n. A decision by the court that ends a dispute between parties and settles their respective rights, preventing further litigation of the matter unless it is reversed or set aside; also called a final judgment. The Essential Law Dictionary. Sphinx …   Law dictionary

  • final decision — noun a judgment disposing of the case before the court; after the judgment (or an appeal from it) is rendered all that remains is to enforce the judgment • Syn: ↑final judgment • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑judgment, ↑judgem …   Useful english dictionary

  • final decision or judgment — One which leaves nothing open to further dispute and which sets at rest cause of action between parties. One which settles rights of parties respecting the subject matter of the suit and which concludes them until it is reversed or set aside. In… …   Black's law dictionary

  • final decision or judgment — One which leaves nothing open to further dispute and which sets at rest cause of action between parties. One which settles rights of parties respecting the subject matter of the suit and which concludes them until it is reversed or set aside. In… …   Black's law dictionary

  • final decision rule — Appeals to federal courts of appeals from U.S. district courts must be from final decisions of district courts. 28 U.S.C.A. No. 1291. In other words, the courts of appeals lack jurisdiction over nonfinal judgments. The object of this restriction… …   Black's law dictionary

  • final decision rule — Appeals to federal courts of appeals from U.S. district courts must be from final decisions of district courts. 28 U.S.C.A. No. 1291. In other words, the courts of appeals lack jurisdiction over nonfinal judgments. The object of this restriction… …   Black's law dictionary

  • final decision on the merits — A determination of the merits of a cause which will, in due time, by operation of law, lead to a final judgment in the cause. Fisher v Sun Underwriters Ins. Co. 55 RI 175, 179 A 702, 103 ALR 1097 …   Ballentine's law dictionary

  • final — fi‧nal [ˈfaɪnl] adjective 1. [only before a noun] the last in a series of things, actions, or events: • An official announcement was expected following a final meeting at the tyre manufacturer s Milan headquarters. • The US based company is… …   Financial and business terms

  • final — fi·nal adj 1: ending a court action or proceeding leaving nothing further to be determined by the court or to be done except execution of the judgment but not precluding appeal used of an order, decision, judgment, decree, determination, or… …   Law dictionary

  • final judgment — see judgment 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. final judgment …   Law dictionary


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