Did you receive an unfavorable order in West Palm Beach probate court? Are you considering appealing? Do you know about the final order rule? What about its exceptions? You may want to take a look at a recent case out of the Fourth District Court of Appeal for one example of exceptions to the final order rule.
The Final Order Rule for Appeals
- Court would get very tedious if every time you got an order you did not like you could just ask for a “do-over.”
- There are limits on when you can appeal and the general rule is called the final order rule.
- You can only appeal a final order, something that dismisses the case or settles it somehow on its merits.
- If it is just a decision mid way through the case, that order is not appealable.
- Like any part of law there are exceptions though.
- Do you know what exceptions apply in Palm Beach probate court?
- Orders regarding the venue of the court are appealable.
- Another example of an exception regards injunctions.
- An injunction is a court order that orders a person to do or not do some specific thing.
- Injunctions are appealable immediately for the most part.
Froonjian v.Ultimate Combatant LLC et. Al.
- The defendant in an original case also brought a counterclaim (suing the plaintiff) and athird party complaint (whereby he joined in another party).
- An injunction was ordered against the other parties and they sought an immediate appeal.
- Do you know all the exceptions to the non-final order rule?
- Experienced Palm Beach probate litigators know that it is crucial to appeal when an exception presents itself.
Want to learn more?
Check out the entire case by clicking here.