· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.