Also known as:stands to appeal · appellate standing
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional requirement that a party seeking appellate review must demonstrate a personal, concrete injury traceable to the judgment and likely to be redressed by a favorable decision. The requirement persists through every stage of litigation, including appeal. Private proponents of a ballot initiative lack standing to appeal when they assert only a generalized interest in the enforceability of state law and the responsible governmental entity declines to pursue review.
Sources & Authorities
How it applies
Common Examples
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Ballot Initiative Sponsors Lack Injury
Serena Soto and a nonprofit advocacy group drafted and promoted a statewide ballot measure restructuring a regulatory agency. A corporation obtained an injunction blocking enforcement. The state declined to appeal. Soto and the group filed a notice of appeal asserting only their support for the measure and a desire to see it enforced. Because they identified no distinct personal harm from the injunction, the appellate court dismissed the appeal for lack of standing.
Prevailing Party Receives Full Relief
Skyline Construction obtained a complete judgment in its favor after a jury trial. The opposing party accepted payment in full satisfaction of the award. Skyline then attempted to appeal certain findings in the opinion that it viewed as unfavorable. Because Skyline received everything it sought in the litigation, it suffered no adverse effect from the judgment and therefore lacked standing to appeal.
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Cases
Study Supplements
Deposit Guaranty Nat. Bank, Jackson, Miss. v. Roper445 U.S. 326, 333 (1980)
Common questions
Frequently Asked
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Does standing to appeal require the same showing as standing to sue in the trial court?+
Yes. Article III demands a concrete and particularized injury in fact that is fairly traceable to the challenged action and likely to be redressed by a favorable decision. This requirement applies at every stage of federal litigation, including on appeal.
Supporting sources
Can private proponents of a ballot initiative appeal when the state declines to do so?+
No. Private proponents lack standing to appeal an adverse judgment when they suffer no personal, concrete injury and assert only a generalized interest in the enforceability of state law. The governmental entity's decision not to appeal leaves no party with standing to pursue review.
Supporting sources
Does sponsorship status or voter support alone create standing to appeal?+
No. Designation as an official proponent or status as a voter supplies no personal, concrete injury distinct from the generalized interest shared by the public. Courts reject appeals based solely on ideological or policy preferences in the law's enforcement.
Supporting sources
What happens when a party receives all the relief it sought at trial?+
A party that receives everything it sought is not aggrieved by the judgment and therefore lacks standing to appeal. The rule prevents appeals from favorable outcomes even when the appellant dislikes certain language in the opinion.
Supporting sources
536 U.S. 1 (2002)Civil Procedure
…a given case, there is little to be gained by requiring a district court to consider these issues, which are the type of issues (standing to appeal, waiver of objections below, and consolidation of appeals) typically addressed only by an appellate court. As such determinations still would most likely lead to an appeal, such a…
Constitutional LawFederal judicial power · Justiciability requirements: case or controversy and standingNEXTGENFoundational