Legal Definitions - devolutive appeal

A devolutive appeal is a type of appeal where the act of filing the appeal does *not* automatically prevent the lower court'sjudgment from being enforced. This means that even while a higher court reviews the case, the party who won in the original court can still take steps to carry out the judgment, such as collecting money or taking possession of property. The appeal process moves the case to a higher court for review, but it does not suspend the immediate effects of the original decision.

Here are some examples to illustrate this concept:

• Example 1: Monetary Judgment Collection

  A software company is ordered by a trial court to pay a former client $100,000 for breach of contract. The software company believes the judgment is incorrect and files a devolutive appeal. Because the appeal is devolutive, the former client can immediately begin legal procedures to collect the $100,000, such as garnishing bank accounts or seizing assets, even while the appellate court reviews the case. If the software company eventually wins the appeal, they would then have to pursue legal action to recover any money or assets already collected by the client.

• Example 2: Eviction Proceedings

  A property owner wins an eviction lawsuit against a commercial tenant, and the court issues an order for the tenant to vacate the premises. The tenant files a devolutive appeal, arguing that the eviction was unlawful. Despite the appeal being underway, the property owner can proceed with legal steps to physically remove the tenant and regain possession of the property, as the eviction order is not automatically put on hold by the devolutive appeal.

• Example 3: Specific Performance Order

  A court orders a manufacturing company to specifically perform its obligations under a supply contract by delivering a specialized piece of machinery to a customer. The manufacturing company files a devolutive appeal, claiming the order is unduly burdensome. Since it's a devolutive appeal, the customer can still seek to compel the manufacturing company to deliver the machinery as ordered by the lower court, rather than having to wait for the appellate court's decision before receiving the equipment.