Appellate Jurisdiction of State Courts

A state court of appeals is required to determine its own jurisdiction.  Jurisdiction is established by various constitutional and statutory provisions.  Furthermore, it is not unlimited or absolute.[i]  Appellate jurisdiction may not be conferred by waiver, acquiescence or even express consent.[ii]

When a lower court lacks the authority to exercise its subject matter jurisdiction to adjudicate the merits of the claim, issue, or question, an appellate court also lacks the power to determine the merits of the claim, issue, or question presented to the lower court.[iii]  Appellate jurisdiction is derived from the constitutional or statutory provisions by which it is created.  It can be acquired and exercised only in the manner prescribed.  Therefore, the determination of the existence and extent of appellate jurisdiction depends upon the terms of the statutory or constitutional provisions in which it has its source.[iv]

However, in the absence of express statutory language prohibiting judicial review, a legislative intent to prohibit judicial review must be established by specific legislative history or other reliable evidence of intent.[v]

Links to the official websites of state courts of appeals

Alaska Court of Appeals

Arizona Court of Appeals

Arkansas Court of Appeals

California Court of Appeals

Colorado Court of Appeals

District of Columbia Court of Appeals

Georgia Court of Appeals

Idaho Court of Appeals

Illinois Court of Appeals

Indiana Court of Appeals

Iowa Court of Appeals

Kansas Court of Appeals

Kentucky Court of Appeals

Louisiana Court of Appeals

Maryland Court of Appeals

Massachusetts Court of Appeals

Michigan Court of Appeals

Minnesota Court of Appeals

Mississippi Court of Appeals

Missouri Court of Appeals

Nebraska Court of Appeals

New Mexico Court of Appeals

New York Court of Appeals

Ohio Court of Appeals

Oklahoma Court of Appeals

Oregon Court of Appeals

South Carolina Court of Appeals

Tennessee Court of Appeals

Texas Court of Appeals

Utah Court of Appeals

Virginia Court of Appeals

West Virginia Court of Appeals

Wisconsin Court of Appeals

[i] Ex parte Lewis, 663 S.W.2d 153 (Tex. App. Amarillo 1983)

[ii] Pendleton v. Gundaker, 370 S.W.2d 720 (Mo. Ct. App. 1963)

[iii] Kaplan v. McClurg, 271 Neb. 101 (Neb. 2006)

[iv] In re Nunez, 165 Conn. 435 (Conn. 1973)

[v] Tex. Dep’t of Protective & Regulatory Servs. v. Mega Child Care, Inc., 145 S.W.3d 170 (Tex. 2004)


Inside Appellate Jurisdiction of State Courts