A final judgment which contains neither condemnation nor acquittal is not held to be just.

Explanation

A court's final judgment must resolve the matter definitively by either condemning or acquitting — a judgment that leaves the parties in limbo, deciding nothing, is no judgment at all and may be challenged as a nullity.

Where this applies

• A court enters a judgment that neither awards damages to the plaintiff nor dismisses the case, and the defendant appeals because a final judgment must resolve the matter one way or the other.
• A jury returns a verdict that is silent on both guilt and innocence, and the judge orders a new trial because a judgment that decides nothing is no judgment at all.
• An arbitrator issues a final award that neither upholds nor denies the claim, and the court vacates it because a definitive resolution — for or against — is required.