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2020 SESSION

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SB 545 Appeals of right in general district court; appeals of final orders or judgments.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Appeals of right in general district court; appeals of final orders or judgments entered in the same action or related action. Provides that there shall be an appeal of right to a court of record from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order. The bill further provides that if any party timely notices such an appeal, such notice of appeal shall be deemed a timely notice of appeal by any other party on a final order or judgment entered in the same or a related action arising from the same conduct, transaction, or occurrence as the underlying action. This bill is identical to HB 792.

SUMMARY AS PASSED SENATE:

Appeals of right in district court. Provides that any appeal of right taken from a court not of record in a civil case to a court of record shall serve as an appeal of all claims in the lower court, including any counterclaims, cross-claims, and third-party claims.

SUMMARY AS INTRODUCED:

Appeals of right in general district court; order or judgment altering prior final orders or judgments; separate notices of appeal. Provides that there shall be an appeal of right to a court of record from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order entered or judgment rendered on any issues previously adjudicated on the merits in the prior proceeding. The bill further provides that a party to an action in general district court may file a separate notice of appeal relating to any other final order or judgment entered in an action by filing a notice of appeal within the 10-day appeal of right time period, or within five business days after such notice of appeal is filed, whichever is later.