Appellate Practice and Procedure

This survey article tracks the 1990 developments in appellate practice and procedure for the United States Court of Appeals for the Eleventh Circuit. During the past year, the court of appeals appears to have responded to its growing case docket by limiting appellate review when possible. The trend seems to be away from duplicative review and in favor of assuring full development of records and issues at the district court level. Highly visible are cases that restrict the types of collateral orders subject to immediate review, foreclose appeals due to unresolved issues below, and which preclude parties from accepting the benefits of judgment and then seeking appellate consideration.