Timing is Everything
Common pitfalls of appeals are procedural, and are often related to the timeliness of the appeal. Don’t give your opponent, or the Court, low hanging fruit to dismiss your appeal on a technicality. While this may seem like a no-brainer, calculating appeal triggers and deadlines can be more difficult than it may appear.
Timing cuts both ways: you cannot file too early, and you cannot file too late. As a result, the window for filing an appeal is often narrower than it appears, and where that window falls depends on factors such as the date of the ruling, the finality of the judgment, and any applicable statutory deadlines. Complicating matters further, not every decision is immediately appealable. Accordingly, before calculating a deadline, you must first determine whether an appeal may properly be taken, and, if so, when the clock begins to run.
Ripeness
Before worrying about when to file an appeal, consider whether you can. In most cases, only final judgments are appealable. A final judgment is one that disposes of all claims in the action and leaves nothing further for the court to do. Interlocutory rulings (temporary or procedural court rulings made during the proceedings before final judgment) generally do not qualify, no matter how consequential they may feel in the moment.
That said, there are exceptions. Certain interlocutory orders are immediately appealable by statute or rule, and others may be reviewed through discretionary mechanisms. But as a general matter, filing an appeal before the judgment is final can be just as problematic as filing one too late. A premature appeal risks dismissal and may not preserve your right to appeal at all.
Maryland Rule 8-202
With some exceptions, Maryland Rule 8-202 governs the timing for filing a notice of appeal and is the starting point for timeliness analysis. In most civil cases, an appeal must be filed within 30 days after the entry of the judgment from which the appeal is taken. “Entry” is a term of art: it refers to when the judgment is entered on the docket, not necessarily when the parties receive notice.
The Rule also interacts with various post-judgment motions. Certain timely motions, such as motions to alter or amend the judgment, can pause the appeal clock. Others do not. Misunderstanding which filings toll the deadline, and which do not, is a common source of error.
Jurisdiction Over an Appeal
Timely filing is not just a procedural box to check, it is jurisdictional. If the notice of appeal is not filed within the prescribed time, the appellate court lacks the authority to hear the case. That is true regardless of the strength of the underlying issues.
Maryland courts treat appellate deadlines with strict adherence. Unlike some other contexts, there is no safety valve for excusable neglect or equitable considerations. If the deadline is missed, the appeal is over before it begins.
After the time, energy, and expense invested in a case, you do not want to miss your opportunity to pursue all forms of relief.
Tips for Filing a Timely Appeal:
- Plan ahead. In the midst of a lawsuit or administrative proceeding, it may sound pessimistic, but make a plan for what you will do if you lose. This gives you time to map out potential appellate paths. In some cases, there may be multiple avenues for relief; in others, your options may be limited or contingent on exhausting administrative remedies. Thinking through these issues early puts you in a better position to act quickly if needed.
- Know your timing triggers. Does the appeal window run from the date judgment is entered on the docket, the date notice is sent, the resolution of a post-judgment motion, or some other trigger? The answer depends on the circumstances. Identifying the correct trigger, and calendaring it accurately, is essential to avoiding both premature and untimely filings.
- Consult with an experienced appellate attorney. Whether you have already received an unfavorable decision or are planning ahead, appellate counsel can help you understand the applicable deadlines, preserve issues for review, and avoid missteps that could foreclose relief altogether.
The attorneys at McNamee Hosea are experienced in representing businesses and individuals in a variety of appellate matters. If you find yourself in need of appellate counsel, contact an experienced appellate attorney to avoid common pitfalls.
