A plaintiff filed a lawsuit against a defendant in federal court for breach of contract. After trial, the court entered a judgment in favor of the plaintiff, awarding monetary damages. However, the court has not yet ruled on the defendant’s motion for attorney’s fees, which was filed before the judgment. The defendant wishes to file an appeal at this point. Would the defendant’s appeal comply with the final judgment rule?
Yes, because the judgment addresses the main claim in the case.
No, because filing an appeal requires a specific court directive in this situation.
No, because the issue of attorney’s fees still needs to be decided.
Yes, because attorney’s fees are considered separate from the judgment.
Under the final judgment rule, a case is appealable only when the court has resolved all claims and issues for all parties, leaving no remaining matters except for the enforcement of the judgment. Here, the judge has not yet decided the defendant’s motion for attorney’s fees, which constitutes a pending issue and prevents the case from being fully resolved. Therefore, an appeal is premature, and the defendant must wait until the judgment is final. The incorrect answers misinterpret the relationship between the attorney’s fees motion and the judgment or incorrectly assume that partial resolutions allow for immediate appeals.
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Multistate Bar Examination
Civil Procedure
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