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Florida Appeals and Jurisdiction

Uncategorized May 21, 2020
post about Florida Appeals and Jurisdiction

Are you involved in Florida litigation? Do you need to appeal a judgment? Can you appeal a nonfinal order? When do you need a Palm Beach appeals attorney? What do appeals have to do with my Florida inheritance case? What are the Florida Rules of Appellate Procedure? What is Florida Rule of Appellate Procedure 9.130? You may want to read a recent Third DCA opinion, Hollinger v. Hollinger, to learn more about Florida probate appeals and appellate jurisdiction.

Florida Rule of Appellate Procedure 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)268-0233 ext.101.

Hollinger v. Hollinger

Hollinger v. Hollinger, a March 20, 2020 Fifth DCA opinion, is a good example of Florida case where the question regarding the appellate court’s jurisdiction was raised. Here, the Appellant, individually and as personal representative of his father’s Florida estate, appeals a partial summary judgment divesting him of two shares of stock that had been previously gifted to him by his father.

Appellee questioned whether the Fifth DCA had jurisdiction to 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. Stock are considered to be personal property. Therefore, because the partial summary judgment divested Appellant of property, the Fifth DCA had jurisdiction