Ways an appeal can be dismissed before the court even reaches the merits.
Lack of Final Appealable Order
An appellate court does not have jurisdiction unless a judgment is a final appealable order. What constitutes a final appealable order is governed by statute and case law.
Late Notice of Appeal
An appellate court does not have jurisdiction to entertain an appeal when a notice of appeal is not timely filed. In some cases, however, a party may seek leave to file an untimely appeal. See e.g. Ohio App.R. 5.
No Brief From Appellant
Appellate courts have dismissed appeals when the appellant fails to file a brief.
Brief Lacks Proper Form
Appellate courts have dismissed appeals when the brief lacks proper form as required by appellate rules and local rules of court. For instance, local rules often dictate the font type and size to be used in a brief as well as what, if anything, is required to be included in the appendix.
Appellant Fails to Pay Filing Fee or Provide an Affidavit of Indigence
When a party files an appeal, a filing fee is required unless the party submits an affidavit demonstrating indigence. Appellate courts have dismissed appeals when the filing fee or affidavit of indigence has not been submitted.
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