Appellate Practice
Apr. 7, 2020
Can’t stop, won’t stop
Whose appeal is this anyway? Conventional wisdom is that an appeal “belongs” to the appellant. The appellant created the appeal by filing the notice of appeal, and is responsible for the care and feeding of the appeal: pushing the paper and paying the fees. Thus, should the appellant get cold feet about pursuing the appeal, it can pull the plug at any time, right?
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
Whose appeal is this anyway? Conventional wisdom is that an appeal "belongs" to the appellant. The appellant created the appeal by filing the notice of appeal, and is responsible for the care and feeding of the appeal: pushing the paper and paying the fees. Thus, should the appellant get cold feet about pursuing the appeal, it can pull the plug at any time, right?
If an appellant decides to end its own a...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In