Does a notice of appeal by a party seeking to appeal an order closing the case constitute an appeal from all prior orders?

MultiRegion, United States of America

The following excerpt is from Herlihy v. City of N.Y., 15-1358 (2nd Cir. 2016):

jurisdictional authority of this court.'" Id. (quoting Conway v. Vill. of Mount Kisco, N.Y., 750 F.2d 205, 211 (2d Cir. 1984)). Therefore, "'[a]s long as the pro se party's notice of appeal evinces an intent to appeal an order or judgment of the district court and appellee has not been prejudiced or misled by the notice, the notice's technical deficiencies will not bar appellate jurisdiction. " Id. (alteration in original) (quoting Grune, 913 F.2d at 43). Further, just recently we held that, "in the absence of prejudice to an appellee, we [must] read a pro se appellant's appeal from an order closing the case as constituting an appeal from all prior orders." Id.

Other Questions


Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
Does a named class representative's notice of appeal stating that he is appealing individually and on behalf of the other named plaintiffs in a class action be sufficient to effect an appeal? (MultiRegion, United States of America)
What is the test for appeal against a federal judge's order requiring a party to obtain a writ of appeal? (MultiRegion, United States of America)
What are the findings of the Secretary of State's appeal against the District Court's order that a class of beneficiaries must exhaust all their administrative remedies before seeking judicial review of the order? (MultiRegion, United States of America)
Is a motion for leave to appeal dismissed on the grounds that the order to appeal from does not finally determine the action within the meaning of the Constitution? ("New York", United States of America)
On appeal from an enforcement order requiring an employee to give up their Fifth Amendment privilege against self-incrimination, how have the corporations appealed from this order? (MultiRegion, United States of America)
Can a state prisoner seek review of an adverse lower court decision by filing a notice of appeal instead of filing a petition to the Court of Appeal? (MultiRegion, United States of America)
Does a notice of appeal stating that plaintiffs have appealed from a report and recommendation of a magistrate judge that an injunction be issued? (MultiRegion, United States of America)
Can the parties appeal the new orders relating to the third amended complaint? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.