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The Difference Between Appealing a Permanent Florida Injunction vs. a Temporary Injunction

Uncategorized Mar 16, 2014

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.