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What Happens on Appeal When Trial Court Dismisses Case Without Deciding All Issues: Competing Fields of Thought?

WP Admin | Apr 17th, 2015

What happens when the trial court enters a final judgment that isn’t really final because the trial court has not actually decided every issue? Earlier this month, Chief Judge Wood for the Seventh Circuit indicated that an appellate court has no choice but to remand the case due to a lack of appellate jurisdiction. Today, the Court of Appeals of Indiana issue a decision that takes a different approach–the approach taken by the Second Circuit in a case mirroring the issue addressed by Chief Judge Wood: decide the merits of the appeal and remand for further proceedings on the overlooked issue.

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