Appellate Practice and Procedure

Appellate practice and procedure in the Eleventh Circuit during 1992, consistent with previous years, has produced a number of interesting cases and is often a reflection of the attitudes of the panel considering the appeal. In one instance, despite lacking appellate jurisdiction due to the absence of a final order, the panel invited the parties to obtain the required certification from the district court in order to perfect the appeal. In another, the panel delivered stinging criticism to the district court for creating a policy that restricted the ability of parties to file summary judgment motions. The court expanded its jurisdiction under the collateral order doctrine to include litigation over agreements to forego litigation, and addressed, for the first time, the appealability of settlement bar orders entered in complex class action lawsuits. This Article discusses the varying standards of review that the court of appeals applied to its cases during the past year. These cases may be extremely helpful in formulating the required portion of appellate briefs dealing with the applicable standard