Question 1

What is an interlocutory appeal in Florida?

Accepted Answer

An interlocutory appeal is an appeal of a non-final court order (an order that does not end the case). In Florida, most appeals are from final orders or judgments, but Florida Rule of Appellate Procedure 9.130 allows interlocutory appeals of certain categories of non-final orders. The purpose is to allow immediate appellate review of orders that would cause irreparable harm if the parties had to wait until the end of the case to appeal. Interlocutory appeals are the exception, not the rule; most non-final orders must wait for appeal until a final judgment is entered.

Question 2

What non-final orders can be appealed in Florida?

Accepted Answer

Rule 9.130 lists specific categories of appealable non-final orders: orders determining jurisdiction of the person, orders granting or denying a motion to dismiss for failure to state a cause of action, orders granting or denying temporary injunctions, orders determining the right to arbitrate, orders certifying or denying class certification, orders granting or denying motions for summary judgment, orders appointing receivers, orders determining venue, and orders granting or denying a motion to compel arbitration. For orders not on this list, the party may seek certiorari review (a more limited and discretionary form of appellate review) through a petition filed with the district court of appeal.

Question 3

How long does a party have to file an interlocutory appeal in Florida?

Accepted Answer

Under Florida Rule of Appellate Procedure 9.110(b), a notice of appeal from a non-final order must be filed within 30 days of rendition of the order being appealed. This is the same deadline as for final order appeals. The notice is filed with the clerk of the lower tribunal. Filing is jurisdictional: missing the 30-day deadline means the appellate court has no authority to hear the appeal. The appellant must also comply with the appellate court’s requirements for the record on appeal, initial brief, and any bond requirements. Interlocutory appeals do not automatically stay the trial court proceedings; the appellant must request a stay from the trial court or the appellate court.

Interlocutory Appeal

Interlocutory Appeals in Florida

Appealable Non-Final Orders

Filing Requirements

Related Terms

Barnes Walker Appellate Practice

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