(DOWNLOAD) "SME Racks, Inc. v. Sistemas Mecanicos Para Electronica, S.A." by In the United States Court of Appeals for the Eleventh Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: SME Racks, Inc. v. Sistemas Mecanicos Para Electronica, S.A.
- Author : In the United States Court of Appeals for the Eleventh Circuit
- Release Date : January 24, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
One of the statutory exceptions to the final judgment rule is set out in 28 U.S.C. § 1292(b). Under that provision, three things must happen in order for a court of appeals to have jurisdiction where it would not otherwise. A district court must certify in writing that one of its orders "involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation." A party must, within ten days of the district courts order, apply to the court of appeals for permission to appeal. And the court of appeals must decide in its discretion to exercise interlocutory review. All three of those things happened in this case.