Are you engaged in a West Palm Beach civil lawsuit or will contest? Has one party filed a motion for summary judgment that was only partially granted? Can you appeal that order? A recent amendment to the Florida Rules of Civil Procedure back in 2000 changed the answer, do you know what it is ? Learn more.
Final Order Rule
- Do you know when you have a right to appeal?
- The basic rule is that you can only appeal final orders.
- There are some limited exceptions though such as a decision based on personal jurisdiction, venue or an injunction.
- But for the most part the appeals court does not want to hear from you until the case is done.
- In fact if you appeal an improper order the court does not even have jurisdiction to hear your case even if they wanted to.
- So what about cases involving summary judgment are those final?
- It would help to better understand what summary judgment is.
Summary Judgment
- Summary judgment is a motion that can be used in both Federal and State courts in Florida.
- Basically you are saying to the court – we do not need a jury all the facts are indisputable.
- Remember in West Palm Beach juries decide issues of fact so that the judge may apply the law.
- So when all the facts are in agreement a judge can “summarily” dispose of case through summary judgment.
- A court also has the power to award partial summary judgment when parts of a case are clearly not in dispute.
- Often liability will be admitted and the only thing left to be tried is the damages in West Palm Beach trial court.
- So a partial summary judgment is final on some issues but not on all right?
- So is it appealable?
Garcia v. Collazo
- This was an appeal to the Third District Court of Appeal in and for Miami-Dade County.
- The appellants appealed a partial summary judgment order.
- The court noted that although this was allowed in the past the rules changed in 2000 and the appellate panel lacked the jurisdiction to review the order.
- It was treated as a non-final order on appeal and the appeal was dismissed.
- Do you agree?
- Is it fair that now the only thing left to try is damages but the appellant cannot get any review until after?
Want to learn more?
Check out the entire case by clicking here.