final decision or judgment

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 re Tiffany, 252 U.S. 32, 40 S.Ct. 239, 240, 64 L.Ed. 443. Also, a decision from which no appeal or writ of error can be taken. U.S. ex rel. Fink v. Tod, C.C.A.N.Y., 1 F.2d 246, 251.
Judgment is considered "final," and thus appealable only if it determines the rights of the parties and disposes of all of the issues involved so that no future action by the court will be necessary in order to settle and determine the entire controversy. Howard Gault & Son, Inc. v. First Nat. Bank of Hereford, Tex. Civ.App., 523 S.W.2d 496, 498.
"Final decision" which may be appealed (to Court of Appeals under 28 U.S.C.A. No. 1291) is one that ends litigation on merits and leaves nothing for courts to do but execute judgment. U.S. v. One Parcel of Real Property with Bldgs., Etc., C.A.Fla., 767 F.2d 1495, 1497.
In criminal case, is imposition of sentence. People ex rel. Grogan v. Lisinski, 1 Dist, 113 Ill.App.3d 276, 68 Ill.Dec. 854, 446 N.E.2d 1251, 1253.
- Interlocutory Appeals Act
- judgment (final judgment)
- res (res judicata)

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • 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 — 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 — 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… …   Ballentine's 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 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

  • judgment — A sense of knowledge sufficient to comprehend nature of transaction. Thomas v. Young, 57 App. D.C. 282, 22 F.2d 588, 590. An opinion or estimate. McClung Const. Co. v. Muncy, Tex.Civ.App., 65 S.W.2d 786, 790. The formation of an opinion or notion …   Black's law dictionary

  • judgment — A sense of knowledge sufficient to comprehend nature of transaction. Thomas v. Young, 57 App. D.C. 282, 22 F.2d 588, 590. An opinion or estimate. McClung Const. Co. v. Muncy, Tex.Civ.App., 65 S.W.2d 786, 790. The formation of an opinion or notion …   Black's law dictionary

  • decision — A determination arrived at after consideration of facts, and, in legal context, law. A popular rather than technical or legal word; a comprehensive term having no fixed, legal meaning. It may be employed as referring to ministerial acts as well… …   Black's law dictionary

  • decision — A determination arrived at after consideration of facts, and, in legal context, law. A popular rather than technical or legal word; a comprehensive term having no fixed, legal meaning. It may be employed as referring to ministerial acts as well… …   Black's law dictionary

  • final order — A final decision or judgment for purposes of an appeal. An administrative order which is conclusive; an administrative order which has reached such stage of completeness that it can be subjected to judicial review. 2 Am J2d Admin L § 483. An… …   Ballentine's law dictionary

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