Did you just receive an unfavorable ruling in your West Palm Beach will contest? Now are you considering an appeal? Experienced West Palm Beach probate litigators know that onlycertain types of orders are appealable. Do you know what orders you have a right to appeal? Check out an interesting case out of the Third District Court of Appeals to learn more.
Non Final Order Rule
- Generally most courts including the West Palm Beach probate court follow the non final order rule.
- Do you know what that means?
- With limited exception an appeals court lacks jurisdiction to hear an appeal of a non final order.
- What is a non final order?
- That is any order that does not terminate the proceedings.
- So what are the exceptions?
- Motions for change of venue for example are instantly appealable as are motions regarding personal jurisdiction.
- Injunction rulings are another common example.
- Any type of order that allows for an immediate right of possession of property or real property is probably appealable instantly as well.
- Also class certifications in a class action and motions to compel arbitration are also appealable.
- These are just a few.
- The list is actually quite long making the exceptions more common than the rule in some cases.
- Interestingly some things do not fall in here even though you think they might.
- An example would be a motion for rehearing, the court lacks jurisdiction to hear these.
- Check out how this can ruin a litigant’s day in this appeal from the trial court in Miami-Dade County.
Ricardo v. Wells Fargo Bank National Association
- The Appellant here appealed a trial court’s order denying rehearing after an order was denied to vacate a final judgment.
- An order on a motion for rehearing is not independently appealable pursuant to the Florida Rules of Appellate Procedure.
- So the appellate court lacked jurisdiction.
Want to learn more?
Check out the entire case by clicking here.