Appealability Of Interlocutory Orders

268 Florida cases classified under this topic · sorted by citation count · browse and sort

• Nascone v. Spudnuts, Inc.
  735 F.2d 763· 3d Cir.· 1984-06-01 ·cited 37×
  The court held that a motion to transfer a federal action to another federal court is distinguishable from a motion to dismiss in favor of a foreign court.
• In re Grand Jury Proceedings. Appeal of Robert E. Young
  716 F.2d 493· 8th Cir.· 1983-08-26 ·cited 37×
  The court held that the motion was appealable and the search warrant was an improper general warrant, but disagreed on whether the affidavit established probable cause.
• Int'l Refugee Org. v. Republic S. S. Corp.
  189 F.2d 858· 4th Cir.· 1951-05-11 ·cited 37×
  Federal courts have jurisdiction over suits brought by the International Refugee Organization, and an arbitration clause in a charter party is void if the underlying contract is based on fraud.
• Hunt v. Bankers Tr. Co.
  799 F.2d 1060· 5th Cir.· 1986-09-15 ·cited 36×
  The court held that it had jurisdiction to hear the appeal, denied the request for a stay, dismissed the appeal for lack of merit, and directed the transfer of bankruptcy cases to the Northern District of Texas.
• Medtronic, Inc. v. Intermedics, Inc.
  725 F.2d 440· 7th Cir.· 1984-01-12 ·cited 36×
  An order denying a stay is not appealable under 28 U.S.C. § 1292(a)(1) if the underlying suit is a mixed law-equity action where equitable relief is more than merely incidental to legal relief.
• Cromaglass Corp. v. Ferm
  500 F.2d 601· 3d Cir.· 1974-07-18 ·cited 36×
  The court held that an order effectively denying injunctive relief on one count of a multi-count complaint, where other counts seek different injunctive relief on distinct legal theories, is an appealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Power Replacements, Inc. v. AIR Preheater Co., Inc.
  426 F.2d 980· 9th Cir.· 1970-05-06 ·cited 36×
  An agreement to arbitrate claims arising under federal antitrust laws is not enforceable, even if the parties agreed to arbitrate such claims after a dispute arose.
• Curtis Bay Towing Co. v. TUG Kevin Moran, Inc.
  159 F.2d 273· 2d Cir.· 1947-01-09 ·cited 36×
  The court held that an order denying a motion to vacate an injunction against suits in a shipowner's limitation proceeding is appealable, but the injunction was improper because the potential claims were far less than the vessel's value and the limitation privilege was not challe
• Marco v. Dulles
  268 F.2d 192· 2d Cir.· 1959-06-22 ·cited 35×
• Robbins v. Maggio
  750 F.2d 405· 5th Cir.· 1985-01-14 ·cited 34×
  The court held that orders denying appointment of counsel in civil cases are not immediately appealable under the collateral order doctrine.
• United States v. Garber
  413 F.2d 284· 2d Cir.· 1969-07-11 ·cited 34×
  The court held that the denial of a motion to dismiss an indictment and the denial of motions for change of venue and severance are not immediately appealable final decisions.
• Hershel Hiram McKNIGHT v. Blanchard
  667 F.2d 477· 5th Cir.· 1982-02-08 ·cited 32×
  An order indefinitely staying a civil trial until a prisoner plaintiff is released from incarceration is appealable under the 'death knell' doctrine, and such a stay is an abuse of discretion if indefinite and without justification.
• Diematic Mfg. Corp. v. Packaging Indus., Inc.
  516 F.2d 975· 2d Cir.· 1975-05-23 ·cited 32×
  The court held that an order denying a stay of a federal action pending arbitration is not appealable under 28 U.S.C. § 1292(a)(1) if the underlying action is primarily equitable in nature.
• John Hancock Mut. Life Ins. Co. v. Kraft
  200 F.2d 952· 2d Cir.· 1953-01-05 ·cited 32×
  The court held that the district court had jurisdiction to grant interpleader and that the order continuing the injunction was appealable.
• Holland H. Chastain v. Embry
  118 So. 2d 33· Fla. 2d DCA· 1960-02-24 ·cited 31×
  Appellant sought to recover damages for breach of an alleged oral agreement for automobile liability insurance. The trial court granted defendant's motion for summary judgment, but this court dismissed the appeal, holding that the order granting summary judgment was interlocutory
• Shaffer v. Globe Prot., Inc.
  721 F.2d 1121· 7th Cir.· 1983-11-21 ·cited 30×
  The court held that the denial of a preliminary injunction was not an abuse of discretion, and an appeal of that denial does not bring up for review prior interlocutory orders dismissing a conspiracy claim and denying class certification.
• Warren Bros. Co. v. Cardi Corp.
  471 F.2d 1304· 1st Cir.· 1973-01-11 ·cited 30×
  A contractual arbitration clause is enforceable in an action brought on a statutory payment bond, and a district court's denial of a stay pending arbitration is appealable.
• Austin v. Altman
  332 F.2d 273· 2d Cir.· 1964-05-15 ·cited 30×
  The denial of a temporary restraining order is not an appealable order under 28 U.S.C. § 1292(a)(1), and the complaint fails to establish federal question or diversity jurisdiction.
• Glen Oaks Utils., Inc. v. City OF Houston
  280 F.2d 330· 5th Cir.· 1960-06-30 ·cited 30×
  A stay order in a federal court action, which effectively denies a requested injunction, is appealable, even if it is a procedural step in controlling the cause's progress.
• Harmar Drive-In Theatre, Inc. v. Warner Bros. Pictures
  239 F.2d 555· 2d Cir.· 1956-12-28 ·cited 30×
  Orders denying disqualification of counsel in antitrust cases are appealable, and an attorney is vicariously disqualified if their former partner was disqualified due to prior representation, even after the partnership dissolves.
• Burkhart v. United States
  210 F.2d 602· 9th Cir.· 1954-02-15 ·cited 30×
  The court held that the judgment was not final and therefore not appealable because the district court failed to make an express determination and direction under Rule 54(b) regarding the adjudication of less than all claims.
• Beneficial Indus. Loan Corp. (Cohen v. Smith
  170 F.2d 44· 3d Cir.· 1948-09-22 ·cited 30×
  The court held that the order denying the corporation's motion to require security from the plaintiff in a stockholders' derivative suit is appealable. The court further held that the New Jersey statute requiring such security is applicable in federal court.
• Clark v. Taylor
  163 F.2d 940· 2d Cir.· 1947-09-22 ·cited 30×
  The court held that the order denying the receiver's claim to funds was not a final, appealable order because the action remained pending against other parties and involved intertwined issues.
• Fenton v. Walling
  139 F.2d 608· 9th Cir.· 1943-12-30 ·cited 30×
  Civil contempt orders against non-parties are final and appealable, and the court had jurisdiction to compel discovery.
• United States v. Towers
  404 F.2d 329· 3d Cir.· 1968-11-21 ·cited 28×
  The court held that the orders appealed from are not appealable interlocutory orders nor final orders, and thus the court lacks jurisdiction.
• Woods v. Theo R. Wright
  334 F.2d 369· 5th Cir.· 1964-07-20 ·cited 28×
  The denial of a temporary restraining order in this case is appealable because the delay until final judgment would cause irreparable loss and moot the claims. The district court should have entered a temporary restraining order.
• DI Bella v. United States
  284 F.2d 897· 2d Cir.· 1960-11-23 ·cited 28×
  An arrest is lawful if the arresting officer has reasonable grounds to believe a violation has occurred, even if the arrest warrant is invalid.
• Am. Mfrs. Mut. Ins. Co. v. Stone
  743 F.2d 1519· 11th Cir.· 1984-10-11 ·cited 27×
  A district court's stay order is appealable under 28 U.S.C. § 1291 if it effectively places the appellant out of court due to indefinite delay, even if the state action for which the stay was granted will not resolve the federal claims.
• In re Grand Jury Proceedings
  687 F.2d 1079· 7th Cir.· 1982-09-03 ·cited 27×
  The court held that disclosure orders of grand jury materials are appealable final decisions when they are the only pending federal proceeding. It affirmed the denial of an adversary hearing regarding grand jury abuse allegations, finding the district court did not abuse its disc
• United States v. Sobotka
  623 F.2d 764· 2d Cir.· 1980-05-06 ·cited 27×
  The court held that the district court abused its discretion by ordering the disclosure of grand jury testimony without a sufficient showing of particularized need by the requesting party.
• H. W. Caldwell & SON, Inc. v. Use
  407 F.2d 21· 5th Cir.· 1969-02-11 ·cited 27×
  The order denying a stay of a subcontractor's Miller Act claim pending administrative remedies is appealable as an interlocutory order denying injunctive relief, and the stay was correctly denied because the subcontractor is not bound by the prime contract's disputes clause.
• FOX v. City OF W. Palm Beach
  383 F.2d 189· 5th Cir.· 1967-09-26 ·cited 27×
  The court held that the district court's order denying mandatory injunctive relief was appealable as a final decision under 28 U.S.C. § 1291, and that the denial of leave to amend the complaint was not an abuse of discretion.
• Wilborn v. Escalderon
  789 F.2d 1328· 9th Cir.· 1986-07-03 ·cited 26×
  The court held that an order denying a request for counsel under 28 U.S.C. § 1915(d) is not immediately appealable, but the district court should have granted leave to amend the complaint to add a defendant and conduct discovery.
• Artell M. Henry (81-1767) v. City OF Detroit Manpower Dep't
  763 F.2d 757· 6th Cir.· 1985-05-22 ·cited 26×
  Orders denying motions for appointment of counsel in Title VII and § 1983 actions are not immediately appealable "final decisions" under 28 U.S.C. § 1291.
• Patt Gibbs and Tamara Utens v. Bruno Paluk
  742 F.2d 181· 5th Cir.· 1984-09-10 ·cited 26×
  The court held that orders disqualifying counsel in civil cases are sufficiently distinguishable from those in criminal cases to be immediately appealable.
• Thorp v. Scarne
  599 F.2d 1169· 2d Cir.· 1979-06-06 ·cited 26×
  A plaintiff's notice of voluntary dismissal filed under Rule 41(a)(1)(i) before the defendant serves an answer or motion for summary judgment automatically terminates the action and cannot be vacated by the court.
• Kaufman v. Hon. David N. Edelstein
  539 F.2d 811· 2d Cir.· 1976-04-20 ·cited 26×
  The denial of a motion to quash subpoenas for expert witnesses is neither appealable nor subject to a writ of mandamus.
• Palmer v. Fisher
  228 F.2d 603· 7th Cir.· 1955-12-09 ·cited 26×
• Thomson McKINNON Sec., Inc. v. Kerrean L. Salter
  873 F.2d 1397· 11th Cir.· 1989-05-03 ·cited 24×
  The court held that the district court's order directing arbitration was a final decision and therefore appealable, denying the motion to dismiss.
• Jones v. Preuit & Mauldin
  808 F.2d 1435· 11th Cir.· 1987-02-02 ·cited 24×
  The court held that the seizure of property without notice under Alabama's attachment statute, which was an established state procedure, did not fall under the Parratt v. Taylor exception, and that private defendants could assert qualified immunity but failed to prove they acted
• Shirey v. Bensalem Twp. & Bristol Borough & Bristol Twp. & Buckingham Twp. & Falls Twp. & Middletown Twp. & Tullytown Borough & Warminster Twp. & City of Philadelphia & Police Chief Michaels
  663 F.2d 472· 3d Cir.· 1981-11-12 ·cited 24×
  The court held that an order dismissing a complaint as to one of multiple plaintiffs, without a Rule 54(b) certification, is not immediately appealable under 28 U.S.C. § 1291, nor is it an appealable interlocutory order denying an injunction under 28 U.S.C. § 1292(a)(1).
• Tradax Ltd. v. Holendrecht
  550 F.2d 1337· 2d Cir.· 1977-03-15 ·cited 24×
  An order staying an admiralty case pending arbitration is not an appealable final order or interlocutory injunction under 28 U.S.C. § 1292(a)(1) or (a)(3).
• McAVOY v. United States
  178 F.2d 353· 2d Cir.· 1949-11-25 ·cited 24×
  A bankruptcy court cannot enjoin the United States from seeking to intervene in a suit pending in another federal court, but it can deny leave for a creditor to apply for intervention if it would prejudice the bankrupt estate.
• Lockwood v. Hercules Powder Co.
  172 F.2d 775· 8th Cir.· 1949-02-28 ·cited 24×
  The court held that the orders appealed from were not final decisions and therefore not appealable.
• H.C. Lawton, JR., Inc. v. Truck Drivers
  755 F.2d 324· 3d Cir.· 1985-02-21 ·cited 23×
  A denial of a stay pending arbitration is an appealable interlocutory order under 28 U.S.C. § 1292(a)(1) if the underlying action is legal in nature and the arbitration is sought as an equitable defense. Disputes involving the interpretation or application of a collective bargain
• Matterhorn, Inc. v. NCR Corp.
  727 F.2d 629· 7th Cir.· 1984-02-07 ·cited 23×
  The court held that an order denying a motion to compel arbitration pending a trial on the existence of the arbitration agreement is a nonappealable interlocutory order under 28 U.S.C. § 1292(a)(1).
• Phillips v. Tobin
  548 F.2d 408· 2d Cir.· 1976-12-16 ·cited 23×
  A layman cannot prosecute a shareholder derivative suit pro se because the suit belongs to the corporation, which must be represented by an attorney.
• Switzer Bros., Inc. v. Locklin
  207 F.2d 483· 7th Cir.· 1953-10-08 ·cited 23×
  The court held that the denial of an intervenor's application to file a counterclaim seeking injunctive relief is an appealable order, and that the intervenor had a right to file such a counterclaim.
• Tenneco Resins, Inc. v. Davy Int'l
  770 F.2d 416· 5th Cir.· 1985-08-06 ·cited 22×
  The denial of a motion to stay litigation pending arbitration is an appealable order, and the defendant did not waive its right to arbitrate through participation in discovery.
• Bennett v. Behring Corp.
  629 F.2d 393· 5th Cir.· 1980-10-27 ·cited 22×
  The court held that the order overruling objections to class notice is not an appealable collateral order, and therefore dismissed the appeal.