Also known as:finality principle · principle of finality · finality
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule requiring that appeals be taken only from final judgments of the trial court. The rule prevents piecemeal review and promotes judicial efficiency by ensuring that appellate courts address only those decisions that conclusively resolve the rights of the parties.
Sources & Authorities
How it applies
Common Examples
6
Divorce Decree Allows Remarriage
After a court enters a dissolution decree finding the marriage irretrievably broken, one spouse files an appeal that challenges only the property division. The other spouse immediately remarries. Because the appeal does not contest the dissolution finding itself, the decree dissolving the marriage remains final and the new marriage is valid.
Notice Order Defers Finality
A trust beneficiary receives only publication notice of a bank accounting proceeding. The beneficiary later challenges the adequacy of notice after the court approves the accounts. Because the notice order does not finally resolve the beneficiary's substantive rights, the beneficiary must await entry of the final accounting judgment before appealing.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Study Supplements
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Districting Claim Remains Nonfinal
Voters sue state officials alleging unconstitutional district lines. The district court dismisses the complaint for lack of justiciability. Because the dismissal leaves no claims pending and resolves the entire action, the voters may immediately appeal even though the underlying electoral process continues.
Baker v. Carr369 U.S. 186, 211
Agency Order Treated as Final
A workers' compensation board issues an award that fully determines the claimant's benefits. The employer seeks judicial review. Because the award resolves all issues before the agency and leaves nothing further for administrative action, the order qualifies as final and is immediately reviewable.
Crowell v. Benson285 U.S. 22 (1932)
Class Settlement Binds Absent Members
A nationwide class action settles claims against an oil company. Absent class members receive notice and an opportunity to opt out. Because the settlement judgment finally resolves the claims of all class members who did not opt out, those members cannot later relitigate the same issues in separate actions.
Phillips Petroleum Co. v. Shutts472 U.S. 797 (USSC 1985)
Legislature Cannot Reopen Judgment
After a final judgment dismisses a securities fraud suit, Congress enacts a statute directing courts to reopen all such cases. The plaintiffs move to reinstate their action. Because the judgment is final, the statute cannot compel the court to disturb it without violating separation of powers.
Plaut v. Spendthrift Farm, Inc.514 U.S. 211, 228 (1995)
Common questions
Frequently Asked
4
When does a judgment become final for appeal purposes?+
A judgment is final when it resolves all claims as to all parties and leaves nothing for the court to do but execute the judgment. Partial dismissals or orders that resolve fewer than all claims ordinarily remain nonfinal unless the district court expressly certifies them under Rule 54(b).
Does a motion for relief from judgment affect finality?+
A motion under Rule 60 does not affect the judgment's finality or suspend its operation. The filing therefore does not extend the time to appeal unless the court grants the motion and enters a new judgment.
How does the finality principle apply to dissolution decrees?+
Under the Uniform Marriage and Divorce Act, a decree of dissolution is final when entered, subject only to the right of appeal. An appeal that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of the dissolution provision, allowing either party to remarry pending appeal.
What policy supports strict application of the finality principle?+
The principle prevents piecemeal appeals that would interrupt trial court proceedings and burden appellate courts with issues that might become moot after final judgment. It also protects the stability of judgments by limiting opportunities for collateral attack.
424 U.S. 319 (1976)Constitutional Law
…of his benefits, yet failed even to seek reconsideration of the initial determination. Since the Secretary has not "waived" the finality requirement as he had in Salfi, supra , at 767, he concludes that Eldridge cannot properly invoke § 405 (g) as a basis for jurisdiction. We disagree. Salfi identified several conditions…