§ 4.3 Superior Court Decisions that May Be Appealed
Jurisdiction | Washington |
§4.3 SUPERIOR COURT DECISIONS THAT MAY BE APPEALED
RAP 2.2 lists the superior court decisions that are appealable. The decisions (rulings, orders, and judgments) listed either are final or impact the parties or the litigation in a manner that is sufficiently fundamental to warrant the right to immediate appellate review.
To appeal one of the listed decisions, a party must file a notice of appeal within the time period specified in RAP 5.2. The time period for filing a notice of appeal generally begins on the day after the decision is entered. See RAP 5.2, 18.6(a); CR 5(e), 6. The form and content of the notice of appeal are discussed in Chapter 5 of this deskbook.
The appellate court will treat a notice of appeal from a decision that is not appealable under RAP 2.2 as a notice for discretionary review. RAP 5.1(c). For a discussion of trial court actions subject to discretionary review, see §4.4, below.
RAP 2.2 does not govern the "scope" of the appellate court's review. The scope of review is governed by RAP 2.4 and 2.5 and other applicable law, discussed in Chapter 11 of this deskbook.
RAP 2.2 also does not govern whether the appeal is to the Supreme Court or to the Court of Appeals. That determination is governed by RAP 4.1 and 4.2, discussed in Chapter 5 of this deskbook.
RAP 2.2(a) lists the following decisions from which a party may appeal, each of which is discussed in more detail in the subsections below:
(1) | Final Judgment. The final judgment entered in any action or proceeding, regardless of whether the judgment reserves for future determination an award of attorney fees or costs. | |
(2) | [Reserved] | |
(3) | Decision Determining Action. Any written decision affecting a substantial right in a civil case that in effect determines the action and prevents a final judgment or discontinues the action. | |
(4) | Order of Public Use and Necessity. An order of public use and necessity in a condemnation case. | |
(5) | Juvenile Court Disposition. The disposition decision following a finding of dependency by a juvenile court, or a disposition decision following a finding of guilt in a juvenile offense proceeding. | |
(6) | Termination of All Parental Rights. A decision depriving a person of all parental rights with respect to a child. | |
(7) | Order of Incompetency. A decision declaring an adult legally incompetent, or an order establishing a conservatorship or guardianship for an adult. | |
(8) | Order of Commitment. A decision ordering commitment, entered after a sanity hearing or after a sexual predator hearing. | |
(9) | Order on Motion for New Trial or Amendment of Judgment. An order granting or denying a motion for new trial or amendment of judgment. | |
(10) | Order on Motion for Vacation of Judgment. An order granting or denying a motion to vacate a judgment. | |
(11) | Order on Motion for Arrest of Judgment. An order arresting or denying arrest of a judgment in a criminal case. | |
(12) | Order Denying Motion to Vacate Order of Arrest of a Person. An order denying a motion to vacate an order of arrest of a person in a civil case. | |
(13) | Final Order After Judgment. Any final order made after judgment that affects a substantial right. |
(1) Final judgment
RAP 2.2(a)(1) restates the traditional rule that an appeal is allowed from a final judgment. Although RAP 2.2(a)(1) does not define the term, a final judgment is one that disposes of all issues as to all parties. See CR 54(a)(1) (defining a "judgment" as the "final determination of the rights of the parties in the action").
Limiting appeals to final judgments discourages piecemeal appeals of decisions that could eventually prove harmless if the would-be party the decision adversely affects ultimately prevailed in the trial court. The other 11 kinds of appealable decisions listed in RAP 2.2(a) are essentially narrow exceptions to the final judgment rule or an application of it to a particular kind of proceeding.
Most appeals are taken from final judgments. The few post-judgment orders that are appealable are directed to the correctness of the final judgment itself, including a decision under CR 50(b) (judgment as a matter of law), CR 52(b) (amendment of findings), CR 59 (reconsideration, new trial, and amendment of judgments), CrR 7.4 (arrest of judgment), or CrR 7.5 (new trial). Under RAP 2.4(c), an appeal from any of these orders will bring the judgment up on review.
An appeal from any other post-judgment order, including orders of contempt, for attorney fees, or on CR 60 motions, brings up for review only the order, not the judgment. Thus, it is almost always necessary to file a timely notice of appeal from the final judgment to secure appellate review of the judgment and the orders and rulings leading up to the judgment. See Carrara, LLC v. Ron & E Enters., Inc., 137 Wn. App. 822, 826, 155 P.3d 161 (2007) (dismissing untimely appeal).
A judgment that is otherwise final but "reserves for future determination an award of attorney fees or costs" is appealable. RAP 2.2(a)(1). "An appeal from a decision on the merits of a case brings up for review an award of attorney fees entered after the appellate court accepts review of the decision on the merits." RAP 2.4(g). By contrast, a notice of appeal from a post-judgment decision on attorney fees and costs "does not bring up for review" the underlying final judgment. RAP 2.4(b). See Carrara, 137 Wn. App. at 825-26 (dismissing appeal of summary judgment order when notice of appeal was timely only as to post-judgment award of attorney fees).
Practice Tip: | The appellate court will not review the judgment underlying a fee award if the appeal from the fee award and the underlying judgment is filed more than 30 days after the judgment was entered When the major appellate issue is the fee award, counsel should file a notice of appeal within 30 days of any order establishing the right to attorney fees, even though the amount of fees has yet to be adjudicated. |
A trial court's oral ruling is generally not an appealable final judgment because it is not in writing and signed by the judge. See In re Custody of M.J.M., 173 Wn. App. 227, 242 & n.13, 294 P.3d 746 (2013) (oral ruling not a final judgment on the merits); State v. Lee, 158 Wn. App. 513, 516, 243 P.3d 929 (2010) (trial court's oral advisement to a defendant is not a final appealable judgment under RAP 2.2(a)(1)).
Similarly, a memorandum decision is generally not a final, appealable order, but "an expression of the opinion of the court [that] should be considered only as a direction to counsel in the preparation of a final order." Dix v. ICT Grp., Inc., 125 Wn. App. 929, 933, 106 P.3d 841 (2005), aff'd, 160 Wn.2d 826, 161 P.3d 1016 (2007). However, unlike oral rulings, a memorandum decision may, on its face, comply with the definition of a "judgment" in CR 54 because it is "in writing and signed by the judge." See also CR 52(a)(4) ("If a written opinion or memorandum of decision is filed, it will be sufficient if formal findings of fact and conclusions of law are included."); Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ) 5.2(b) (same).
In Steinmetz v. Call Realty, Inc., 107 Wn. App. 307, 311, 23 P.3d 1115 (2001), the Court of Appeals held that although a three-page letter opinion "may not be the best way to articulate findings, conclusions and a judgment," it was sufficient to meet the requirement of RALJ 5.2(b), and thus was a final judgment that started the time period for filing a motion for reconsideration.
Practice Tip: | If no formal judgment has been entered within 30 days following entry of a written memorandum decision that disposes of all claims by all parties, the prudent lawyer will file a notice of appeal from the memorandum decision and refer to it as the final judgment If a subsequent formal judgment is entered, the notice will, at worst, be deemed premature, but it will be effective to safeguard the appellant's right to appeal. See RAP 5.2(g). |
A trial court will occasionally reach a decision that resolves all the issues, but leaves some details or "subsidiary acts in carrying out the judgment" to be implemented by a later order. Wlasiuk v. Whirlpool Corp., 76 Wn. App. 250, 255, 884 P.2d 13 (1994), 932 P.2d 1266 (1997) (citing Nestegard v. Inv. Exch. Corp., 5 Wn. App. 618, 623, 489 P.2d 1142 (1971)). An appeal in such a case is properly taken from the dispositive decision, not from the subsequent orders. Substance should prevail over form in determining whether a decision is final for purposes of appeal.
For example, in Rhodes v. D&D Enterprises, Inc., 16 Wn. App. 175, 178, 554 P.2d 390 (1976), the appellate court held that a decree construing a real estate contract and directing conveyance of a part of a parcel of land was final although the specific portion of the land to be conveyed was left to be determined by negotiation or by referee. And in Bishop v. Lynch, 8 Wn.2d 278, 282, 111 P.2d 996 (1941), determination of percentage shares in an action for partition of real property was held to be a final judgment, although referees were subsequently required to describe the specific parcels.
In Seattle-First National Bank v. Marshall, 16 Wn. App. 503, 507-08, 557 P.2d 352 (1976), review denied, 89 Wn.2d 1007 (1977), the Court of Appeals held that a summary judgment directing a partner to purchase the 20 percent interest of a deceased partner was final, although subsequent orders were necessary to arrive at the dollar value of the interest. And in Nestegard v. Investment Exchange Corp., 5 Wn. App. 618, 624-25, 489 P.2d 1142 (1971), the Court of Appeals held that a judgment of forfeiture of vendees' interests under an executory contract for the sale of land was final, although a grace...
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