Final decision or judgment

Definition of 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. § 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. See also Final decision rule; Final disposition; Interlocutory Appeals Act; Judgment (Final judgment), Res (Res judicata).

That's the definition of Final decision or judgment in Black's Law Dictionary 6th Edition. Courtesy of

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