Florida Appeals and Jurisdiction
Are you involved in Florida litigation? Do you need to appeal an order or judgment? A good trial lawyer will know if you can appeal that order now, or whether you have to wait until the end of your case. Sometimes, you want to appeal an order now. But you can’t because the Florida Appellate Court lacks jurisdiction. Most “appealable” orders must be final. A good Florida Appellate Attorney knows that many NONFINAL orders MUST BE appealed now. Rather than waiting to the end of your Florida lawsuit. There are some Florida Appellate Rules which can create a “use it or lose it” 30 day period to appeal an order or judgment. What is Florida Rule of Appellate Procedure 9.130? You may want to read a recent 5th District Court of Appeal opinion. Hollinger v. Hollinger is a quick read to learn more about Florida probate appeals and appellate jurisdiction. Also, to read an April 29, 2021 appellate opinion on appeals and jurisdiction, click HERE.
Florida Appellate Rule 9.130
Florida Rule of Appellate Procedure 9.130 discusses what nonfinal orders are appealable. It is important to consider whether the Florida appellate courts can even hear an appeal regarding the order you disagree with. If you try to appeal an order that is not appealable, the appeal may be dismissed due to the appellate court’s lack of jurisdiction.
An experienced Florida appellate attorney, like Robert Hauser, Esq. at Pankauski Hauser Lazarus, can help you determine whether or not you can appeal a certain order. Hauser has been named a Board Certified Specialist by The Florida Bar in Appellate Practice since June 1, 2009. This designates him as an expert and specialist in appeals in Florida. For a free consultation, call (561) 514-0900 x 101.
For a similar Florida Rule of Appellate Procedure, read 9.170. Here is a link to read a recent 5th DCA Opinion about 9.170.
March 2020 Florida Appellate Opinion
Hollinger v. Hollinger, is a March 20, 2020 Fifth DCA opinion. The link to Florida’s 5th District Court of Appeal can be found HERE. This Florida Appellate Opinion addresses a good example of an appellate court’s jurisdiction. Remember: you should raise jurisdiction as soon as possible. Here, the Appellant, individually and as personal representative of his father’s Florida estate, appeals a partial summary judgment. Summary judgment is a very common order or judgment which is often appealed. That order divested the Appellant of two shares of stock that had been previously gifted to him by his father.
Appellee questioned whether the Fifth DCA had jurisdiction. Could the Florida Appeals Court consider the partial summary judgment? Florida Rule of Appellate Procedure 9.3130(a)(3)(C)(ii) says that the “district courts of appeal have jurisdiction over nonfinal orders that determine the right to immediate possession of property including but not limited to orders that grant, modify, dissolve, or refuse to grant, modify or dissolve writs of replevin, garnishment, or attachment.”
Here, the partial summary judgment divested Appellant of two shares of stock. Shares of stock and interests like member interests in Florida LLCs are personal property. Therefore, because the partial summary judgment divested Appellant of property, the Fifth DCA had jurisdiction