What is a Devolutive Appeal? A Comprehensive Legal Overview

Q: In which states can I file a devolutive appeal?

Devolutive appeals are allowed in certain states, including Louisiana. Always check local laws for specifics.

Q: Can I continue to collect on a judgment during an appeal?

Yes, if you file a devolutive appeal, you can continue collection efforts while the appeal is being reviewed.

Definition & Meaning

A devolutive appeal is a type of appeal that allows a party who has received an unfavorable judgment to continue collecting on that judgment while the appeals court reviews the case. This means that the collection process does not pause during the appeal, which is different from other types of appeals that may suspend enforcement. Devolutive appeals are recognized in certain jurisdictions, such as Louisiana, providing a specific legal avenue for parties seeking to challenge a ruling while still pursuing collection efforts.

Table of content

Legal Use & context

Devolutive appeals are primarily used in civil law cases where a party wishes to contest a judgment without delaying the collection of any awarded damages. This legal mechanism is especially relevant in jurisdictions that allow such appeals, enabling parties to secure their financial interests while the appeal is being processed. Users can often manage the necessary forms and procedures themselves, utilizing resources like US Legal Forms to access templates that comply with local laws.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) If a landlord wins a judgment against a tenant for unpaid rent, the landlord may file a devolutive appeal. While the appeal is pending, the landlord can still collect the rent owed, allowing them to recover their losses without delay.

State-by-state differences

State	Devolutive Appeal Allowed?	Notes
Louisiana	Yes	Recognized as a standard appeal type.
Texas	No	Does not allow devolutive appeals; appeals typically stay enforcement.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Devolutive Appeal	An appeal that allows collection during the appeal process.	Collection continues while the appeal is pending.
Suspensive Appeal	An appeal that halts collection efforts until resolved.	Collection is paused during the appeal.

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation involving a devolutive appeal, consider the following steps:

Review the judgment and determine if you have grounds for an appeal.
File the appeal within the required time frame.
Consult with a legal professional if the situation is complex.
Explore US Legal Forms for templates and resources to assist with the appeal process.

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Quick facts

Jurisdiction: Limited to states that recognize devolutive appeals, like Louisiana.
Typical filing period: Varies by state; consult local rules.
Impact on collections: Allows collection to proceed during the appeal.