Interlocutory Appeal of Non-Final Orders in Florida
Florida’s interlocutory appeal procedure allows parties to seek immediate appellate review of specific non-final orders that could cause irreparable harm if left uncorrected until after final judgment. This entry covers the strategic considerations and procedural requirements.
When to File
- Temporary injunction prevents business operations
- Motion to dismiss denied on a legally baseless claim
- Arbitration motion denied, forcing unwanted litigation
- Class certification exposes massive liability
- Venue determination forces litigation in an inconvenient forum
Appeal vs. Certiorari
- Interlocutory appeal (Rule 9.130): Listed order categories; normal appellate standards; appeal as of right
- Certiorari (Rule 9.100): Non-listed orders; narrow standard (departure from essential requirements of law); discretionary review
Stay of Proceedings
- No automatic stay upon filing
- Request stay from trial court first, then appellate court if denied
- Stay factors: likelihood of success, irreparable harm, balance of equities
- Bond may be required as stay condition
- Without stay, trial proceeds in parallel with appeal
Related Terms
- Interlocutory Appeal — Appealable order categories
- Appeal — General appellate procedure
- Certiorari — Discretionary review
Barnes Walker Appellate Practice
Barnes Walker’s litigation attorneys evaluate and pursue interlocutory appeals in civil and real estate cases before the Second District Court of Appeal. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC