Do you know when a court lacks jurisdiction? The answers may surprise you–for example if you file a post trial motion to late, the court lacks jurisdiction. A recent case out of the Fourth District Court of Appeal highlights another jurisdictional limit on the trial court, want to learn more?
Interlocutory Appeals
- You can almost always appeal a final order but there are other times you can appeal.
- When you are appealing a non-final order it is called an interlocutory appeal.
- Have you recently filed an interlocutory appeal?
- Did you know that while that is pending, the trial court may still be able to issue orders?
- That makes sense right?
- There is a caveat though – a final order is not permissible as the case is pending in another tribunal, the appellate court.
- So what happens when the final order is issued even though your appeal is pending?
- You will have to appeal to get the order set aside if the trial court will not acknowledge the error in its ways.
- Do you know how to make your case to the court in West Palm Beach?
- Is there a way for the final order to be valid?
- Watch out for leave of the appellate tribunal, according to the rules this will allow a trial court to issue a final order while appeal is pending.
- Check out what happened in this consolidated appeal against a known Florida Supermarket chain.
Publix v. Conte as Personal Representative of Estate of Moore
- The appellant here was appealing a final order issued while interlocutory appeals were pending.
- There was no leave of court and so the trial court actually lacked jurisdiction to issue such an order.
- Check out Florida Rules of Appellate Procedure 9.130(f) to learn more about this interesting rule.
Want to learn more about this case?
Check out the entire case including a separate opinion by one judge, regarding arbitrator neutrality, just click here.