The Difference Between Appealing a Permanent Florida Injunction vs. a Temporary Injunction
Litigants to Palm Beach probate disputes know that the rules for appeals in Florida changed over a year ago. Some Florida legal issues are not appealable until the end of the trial. Some legal issues may be appealed pre trial. A February 26, 2014 Florida appeals case from the 2nd District Court of Appeal dealt with boundary disputes between Florida landowners, and a summary judgment order on a request for a permanent injunction.
Not a temporary injunction. Palm Beach probate litigators and experienced estate litigators know that there is a difference between permanent injunctions & temporary injunctions. In this recent Florida appeals case involving Florida real estate and boundaries, there was an order on a summary judgment motion for a permanent injunction. This was NOT an appealable order. Most summary judgment orders are not final and not appealable. Palm Beach trial lawyers know that you have to have a final judgment before you can appeal, generally. This is not necessarily the case when you seek a temporary injunction, such as by a motion. So, the lesson for those involved in Palm Beach estate litigation is : know your temporary injunctions from your permanent injunctions and know when something is “appealable” as of right, before a Florida trial, or when you must wait ’til the end of the Palm Beach trial to seek appellate review.