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· 9/26/1990

In Re Slimick

Citations

  • 928 F.2d 304
  • 1990 U.S. App. LEXIS 16920
  • 20 Bankr. Ct. Dec. (CRR) 1754

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the order on appeal was a “complete act of adjudication” because it was an order “sustaining the trustee’s objections to the debtors’ amended exemption claim, finally resolved all issues regarding the claimed exemption”
  • explaining that an order is final when it “does not refer to any contingency upon which finality depends”
  • “[I]f, after filing a final disposition, a court files a more formal judgment, the latter does not constitute a second final disposition or extend the appeal period.”
  • “Although no formal words of judgment are necessary to convey finality,” an order “stating ‘IT IS THEREFORE ORDERED that the objection ... is, hereby sustained,’ contained language typical of a final disposition.”
  • “It is irrelevant that the court designated the first disposition an order and the later disposition a judgment. Appealability turns on the effect of the ruling, not the label assigned to it by the trial court.”
  • generally “a formal judgment is prima facie the final decision” and courts do not assume that judges committed a useless act by entering a judgment unless “the evidence shows that the judge intended that” another order be final

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.