Civil Procedure Multistate Bar Practice Exam

Under the Interlocutory Appeals Act, which condition does NOT permit an appeal of a nonfinal order?

1. Involves a controlling issue of law

2. Substantial ground for difference of opinion

3. Immediate harm to the appellant

4. Court of appeals agrees to hear it

The correct answer is: Immediate harm to the appellant

The Interlocutory Appeals Act allows for specific circumstances under which a party can appeal a nonfinal order. The correct answer revolves around the conditions required for an appeal under this act. To qualify for an interlocutory appeal, the order must involve a controlling issue of law that is subject to substantial ground for difference of opinion, and the court of appeals must agree to hear the appeal. The condition pertaining to "immediate harm to the appellant" does not meet the statutory requirements for an interlocutory appeal. While immediate harm may be a consideration for a party when deciding to seek a stay or other relief, it is not a specified condition required for obtaining an interlocutory appeal under the Act. The focus instead is on the legal questions and the agreement of the appellate court, rather than the subjective experience of harm to the appealing party. In summary, while the presence of a controlling issue of law and a substantial ground for difference of opinion both support the proposition that an appeal may be sanctioned, the requirement for immediate harm to the appellant is not sufficient to justify an appeal under the Interlocutory Appeals Act.