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Interlocutory Appeals

On Behalf of | Jun 25, 2022 | Appeals

An interlocutory appeal, in the law of civil procedure in the United States, occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. Interlocutory appeals are allowed only under specific circumstances laid down by the federal and separate state courts. They are made before a trial has come to an end. They can be filed by the state or government as well as the defense.

The Rules of Interlocutory Appeals is an extensive legal instruction on what is allowed and its limits pertaining to appeals lodged while a trial is still in progress. It details the terms under which such action may be permitted and the state’s judicial responsibility in executing such action.

Circumstances for Interlocutory Appeals (Rule 9.130)

  • The order must have conclusively determined the disputed question
  • The order must “resolve an issue completely separate from the merits of the action”
  • The order must be “effectively unreviewable on appeal from a final judgment”

Jurisdiction of Court of Appeals

A party’s application to an appellate court challenging a non-final trial court order decides an issue but does not result in a final judgment.

Note: Whether a non-final trial court order can be appealed depends upon the rules of the particular jurisdiction.

The authority of courts in some jurisdictions to hear interlocutory appeals is very broad, whereas, in others, such as the federal court, the authority is limited. This rule applies to appeals to the district courts of appeal of the nonfinal orders authorized herein and to appeals to the circuit court of nonfinal orders when provided by general law. Review of other nonfinal orders in such courts and nonfinal administrative action shall be by the method prescribed by rule. (Rule 9.100)

Recent Florida Changes to the Law (2020)

The court amended 9120(a)(3) to allow appeals from the nonfinal orders that deny motions asserting entitlement to absolute or qualified immunity in civil rights claims arising under federal law. This change, effective immediately, impacts section 1983 and other claims brought against government actors. It also allows for an immediate appeal on threshold immunity questions. The change enlarges the right to bring appeals from nonfinal order denying motions that assert sovereign immunity and immunity under Florida Statutes section 768.28(9). The court removed the requirement that orders must “determine that, as a matter of law, a party is not entitled” to immunity. That language spawned debates about whether one-sentence trial court orders made such determinations.

Hunker Appeals

These changes show that the new majority on the Florida Supreme Court is willing to rethink and rewrite existing rules and precedents, even those about civil rights under federal law.

If you live in Fort Lauderdale, Boca Raton, Weston, Miami, West Palm Beach, or one of the other surrounding Florida communities, our expert attorneys are ready to help you wade through the dizzying maze of rules that is the state’s appeals process.

Call or email Hunker Appeals now to set up a consultation.

Hunker Appeals, 110 Southeast 6th Street, Suite 2330, Fort Lauderdale, FL 33301 877-906-5656.

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