Do you want to file an appeal after a West Palm Beach will contest? Do you know how you can determine if an order is appealable? You are going to need to know whether or not it is a final order and if there is an exception to the final order rule. To learn more check out our quick reference guide to appealing in West Palm Beach. Want to see the rules in action? Then you may want to check out this interesting appeal out of Miami that was filed yesterday August 26, 2015.
What Orders are Appealable?
- The general rule is that in order to be appealable an order from the West Palm Beach trial court has to be final.
- This is known by some as the final order rule.
- How can you tell if an order is a final order?
- Courts in West Palm Beach look for finality in the order, the idea that the trial court has nothing left to do.
- There are also exceptions to the final order rule.
Common Exceptions to the Rule
- In West Palm Beach if you are contesting the jurisdiction of the court you may be able to appeal after losing that motion even though it is not final.
- Another common exception is class certification for class actions.
- If you are contesting venue that may also be appealable without waiting for a final order.
- If you do not fall within an exception the Court may dismiss your appeal, they won’t have jurisdiction to enter an order on the matter.
- Check out this recent case to see what happens.
Ball v. Genesis Outsourcing Solutions, LLC, et. Al.
- This was an appeal after a party lost their case on summary judgment.
- The problem is even though the motion settled a lot of issues it was not final.
- The order has to enter a final judgment while this order merely granted a motion.
- If this happens to you, you may be able to seek leave to get an amended order that gives the language necessary.
- If a party fails to use this leave, their appeal will end up dismissed.
- Experienced Palm Beach probate litigators know that an appellate court without any jurisdiction to act does not do much for a probate litigant.
- Are you concerned that you may have an appeal?
- Florida Courts do not reward those that wait so time is of the essence.
Want to learn more about obtaining a final order that is appealable?
Check out the entire case by clicking here.