Also known as: finality · finalities · final judgment · final order
Written by attorneys · grounded in primary & secondary sources — see below
A judicial determination or agreement that resolves the matter without requiring additional action by the deciding body.
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After the information was filed, the trial court entered a final order dismissing the charges against Fabian Flynn because the prosecution failed to prove an essential element. The order has not been reversed or vacated. Under the governing rule, the state cannot now prosecute Flynn for the same offense because the dismissal necessarily determined a fact inconsistent with conviction.
Faye Fuller and Ferrum Metals reduced their supply agreement to a detailed writing that appeared complete on its face. When a dispute later arose over an alleged side term, the court treated the document as an integrated agreement. Because the writing reasonably appeared to be a final expression, extrinsic evidence of additional terms was excluded.
Fisher Foods sought an interlocutory injunction to stop a competitor's alleged nuisance before the final hearing. The court evaluated the request using the special factors in the rule, focusing on the threat of irreparable harm and the consequences to the defendant. Those factors controlled the decision even though a full trial on the merits had not yet occurred.
The district court denied Finn Fletcher's motion to dismiss for lack of jurisdiction but did not resolve the underlying claims. Fletcher attempted an immediate appeal. Because the order was not a final decision of the district court, the court of appeals lacked jurisdiction under the statute and dismissed the appeal.
Francesca Fiore sued Foster Forge for breach and demanded $150,000 in damages. After the defendant defaulted, the court entered judgment. Because the judgment could not differ in kind or exceed the amount demanded in the pleadings, the court limited recovery to the pleaded sum even though the evidence suggested higher losses.
After Faith Fitzgerald was convicted of intentionally killing her uncle, the probate court applied the slayer rule to bar her inheritance. The final judgment of conviction conclusively established her status as the decedent's slayer under the preponderance standard in the civil proceeding.
A judgment becomes final when it ends the litigation on the merits and leaves nothing for the court to do but execute the judgment. Orders that resolve fewer than all claims or parties are not final unless the court expressly directs entry of final judgment under the applicable rule.
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A final order or judgment for the defendant that has not been set aside or reversed bars a subsequent prosecution for the same offense when the order necessarily determined a fact or legal proposition inconsistent with conviction.
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A writing that appears complete and specific on its face is presumed to be a final expression of the parties' agreement unless other evidence shows it was not intended as such.
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…Texas, Arts. 2192-2197 (1866); Texas Rev. Stat., c. 8, Arts. 536-541 (1879); Texas Rev. Crim. Stat., Arts. 1071-1076 (1911). The final article in each of these compilations provided the same exception, as does the present Article 1196, for an abortion by "medical advice for the purpose of saving the life of the…