1. C.J.S. Appeal and Error §§ 82–84, 94.]
death knell doctrine
death-knell doctrine. A rule allowing an interlocutory appeal if precluding an appeal until final judgment would moot the issue on appeal and irreparably injure the appellant’s rights. • Once recognized as an exception to the final-judgment rule, the doctrine was limited by the U.S. Supreme Court in Coopers & Lybrand v. Livesay, 437 U.S. 463, 98 S.Ct. 2454 (1978). There, the Court held that the death-knell doctrine does not permit an immediate appeal of an order denying class certification. But the doctrine still applies in some contexts. For example, the doctrine allows an immediate appeal of the denial of a temporary restraining order when the lack of an appeal would leave nothing to be considered in the trial court. Woratzeck v. Arizona Bd. of Executive Clemency, 117 F.3d 400 (9th Cir. 1997). — Also termed death-knell exception. See FINAL-JUDGMENT RULE. [Cases: Appeal and Error 68, 73(2); Federal Courts 572.
