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
District of Columbia Court of Appeals
Massachusetts Court of Appeals
South Carolina Court of Appeals
West Virginia 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)