Appealability Of Interlocutory Orders

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

• McLAIN Lines, Inc. v. The Ann Marie Tracy. the Mavis
  176 F.2d 709· 2d Cir.· 1949-07-27 ·cited 6×
  The court held that the libellant is not foreclosed from raising the issue of the tug's liability on this appeal, despite not assigning error on a prior appeal, because the prior appeal did not adjudicate the tug's liability.
• Semel v. United States
  158 F.2d 229· 5th Cir.· 1946-10-18 ·cited 6×
  The court held that the petition to compel the allowance of an appeal from an order denying a motion to transfer a criminal case is not a proper proceeding, and the appealability of the order itself is not properly before the court.
• Vitab Corp. v. Knox Co.
  143 F.2d 883· C.C.P.A.· 1944-06-19 ·cited 6×
  The court held that the Commissioner of Patents' decision dissolving the trade-mark interference was a final, appealable decision, and that the marks were confusingly similar and the goods possessed the same descriptive properties.
• Perky v. Perky
  116 Fla. 117· Fla.· 1934-08-06 ·cited 6×
  The Florida Supreme Court addressed a motion to dismiss an appeal involving multiple interlocutory orders and a final decree in an equity case. The court held that while an appeal from a final decree taken timely opens interlocutory orders connected to it for review, an order qua
• McKell v. Jackson
  107 Fla. 668· Fla.· 1933-01-09 ·cited 6×
  The Florida Supreme Court held that an order granting a rehearing after a final decree in an equity cause is an appealable interlocutory order. This decision allows parties to appeal the granting of a rehearing, which effectively nullifies the original final decree.
• Place ST. Charles v. J.A. Jones Constr. Co.
  823 F.2d 120· 5th Cir.· 1987-07-31 ·cited 5×
  The court held that the arbitration clause was enforceable and that the district court did not err in staying the proceedings pending arbitration. The court also affirmed the denial of the motion to transfer.
• In re Duque
  48 B.R. 965· S.D. Fla.· 1984-11-20 ·cited 5×
  A Chapter 11 debtor-in-possession cannot use estate funds to pay for criminal counsel defending against federal charges arising from pre-bankruptcy activities.
• Bernhardt v. Polygraphic Co. OF Am., Inc.
  235 F.2d 209· 2d Cir.· 1956-07-24 ·cited 5×
  The court granted the motion for a stay of proceedings pending appeal.
• Grune v. Coughlin
  913 F.2d 41· 2d Cir.· 1990-08-29 ·cited 4×
  The order denying bail pending a habeas corpus determination is not an appealable interlocutory order under the collateral order doctrine.
• Aurora Bancshares Corp. & Ralph L. Egeland v. Weston
  777 F.2d 385· 7th Cir.· 1985-11-22 ·cited 4×
  The court held that the dismissal of a preliminary injunction request, based on discovery violations and unclean hands, is an appealable interlocutory order, and denied a motion to dismiss the appeal.
• N. Supply Co. v. Greater Dev. & Servs. Corp.
  728 F.2d 363· 6th Cir.· 1984-02-29 ·cited 4×
  Interlocutory orders granting or denying stays of arbitration are appealable by right under 28 U.S.C. § 1292(a)(1).
• R. T. Eckles in Bankr. for Mountain States Sports, Inc. v. Furth
  557 F.2d 953· 2d Cir.· 1977-06-16 ·cited 4×
  An order granting an attorney's motion to withdraw at his own request is not directly appealable as a "collateral order" under the Silver Chrysler doctrine.
• Sell v. Volkswagen OF Am., Inc.
  505 F.2d 953· 6th Cir.· 1974-11-21 ·cited 4×
  The court held that the district court did not err in dismissing Seaway Motors as a party defendant and in refusing to remand the cases to state court.
• Spencer Cos., Inc. v. Armonk Indus., Inc.
  489 F.2d 704· 1st Cir.· 1973-12-20 ·cited 4×
  The court held that the denial of a temporary restraining order, under the circumstances, was appealable as a denial of a preliminary injunction, but affirmed the denial of injunctive relief.
• The United States v. The Fort Sill Apache Tribe OF the State OF Okla.
  481 F.2d 1294· Ct. Cl.· 1973-07-13 ·cited 4×
  The court held that the interlocutory orders of the Indian Claims Commission (ICC) at issue did not establish the liability of the United States as required by statute for interlocutory appeals, and thus the appeal was dismissed.
• Empire Nat'l Bank of Clarksburg v. Penfield Coal & Coke Co.
  354 F.2d 873· 3d Cir.· 1966-01-11 ·cited 4×
  The court held that the denial of a motion to construe prior injunctive orders was appealable and that parties could proceed with state court litigation without violating the injunctions.
• Munson Line, Inc. v. Green
  165 F.2d 321· 2d Cir.· 1948-01-05 ·cited 4×
  The court held that an order dismissing some but not all counts of a complaint is not a final, appealable order when the remaining counts arise from the same set of facts.
• Broward Cnty. Port Auth. v. Alton M. Ake
  111 Fla. 132· Fla.· 1933-06-21 ·cited 4×
  The Florida Supreme Court held that an interlocutory order disqualifying a circuit judge in a chancery case is appealable when the disqualification results from a ruling on an objection or motion raised by a party, distinguishing it from a judge's sua sponte certification of disq
• Demens v. Nat Poyntz
  25 Fla. 654· Fla.· 1889-06-01 ·cited 4×
  The Florida Supreme Court dismissed an appeal as premature because it was taken from a referee's findings rather than a formal final judgment. The court emphasized that appeals must be based on a final judgment or decree, not merely the initial findings of a referee.
• M.A.M. v. Viscount
  848 So. 2d 1258· Fla. 4th DCA· 2003-07-09 ·cited 2×
  The court held that an order denying a natural father's motion to withdraw consent to adoption is appealable and that the father failed to prove his consent was obtained by fraud or duress.
• Zobeida Kalantari v. Reza Kalantari
  711 So. 2d 1368· Fla. 3d DCA· 1998-06-17 ·cited 2×
  Zobeida Kalantari appealed an interlocutory order upholding an antenuptial agreement that waived her rights to support and property in a dissolution of marriage. The court dismissed the appeal for want of an appealable order, holding that the trial court's ruling enforcing the ag
• Temex Energy, Inc. v. Underwood
  968 F.2d 1003· 10th Cir.· 1992-06-25 ·cited 2×
  The Court of Appeals held that while the Supreme Court's decision in Connecticut Nat'l Bank v. Germain permits interlocutory appeals in bankruptcy cases under 28 U.S.C. § 1292, the prior precedent regarding the finality requirement for appeals of final decisions in bankruptcy rem
• Hodges v. Dep't OF Corr.
  895 F.2d 1360· 11th Cir.· 1990-03-08 ·cited 2×
  Orders denying the appointment of counsel in Title VII cases are not immediately appealable under the Cohen exception to the final judgment rule.
• United States v. Fisher
  871 F.2d 444· 3d Cir.· 1989-03-31 ·cited 2×
  The court held that the district court's order denying motions to dismiss indictments based on alleged prosecutorial misconduct is not immediately appealable under the collateral order doctrine because such claims are effectively reviewable after a final judgment.
• Vasquez v. State
  474 So. 2d 394· Fla. 3d DCA· 1985-08-20 ·cited 2×
  Vasquez appealed the trial court's denial of his motion to dismiss criminal charges under Florida Rule 3.213(b), which authorizes dismissal when a defendant has been incompetent to stand trial for five years with no substantial probability of future competency. The appellate cour
• Thompson v. Nickolas Dereta
  709 F.2d 1343· 10th Cir.· 1983-04-20 ·cited 2×
• Lincoln Lynch v. Johns-Manville Sales Corp.
  701 F.2d 44· 6th Cir.· 1983-02-22 ·cited 2×
  The court held that an order denying a stay is not immediately appealable under 28 U.S.C. § 1291 or § 1292(a)(1) without proper application for permission to appeal an interlocutory order.
• Amatrudi v. Blake
  117 So. 2d 416· Fla. 3d DCA· 1960-01-25 ·cited 2×
  Amatrudi appeals from an order dismissing his complaint for foreclosure of a mechanic's lien against the equitable interest of the Blakes in real property held in trust. The Third District Court of Appeal holds that a mechanic's lien may attach to an equitable interest in land, r
• United States v. Kovich
  201 F.2d 470· 7th Cir.· 1953-01-27 ·cited 2×
  The court held that the order directing the landlord to return unspecified personal property was void for lack of evidence and uncertainty.
• Sauber v. Whetstone
  199 F.2d 520· 7th Cir.· 1952-10-16 ·cited 2×
  The court held that the district court's order compelling the taxpayer to appear before the IRS collector and the subsequent contempt order were lawful and appropriate.
• Cusano v. ST. Louis Shuffleboard Co., Inc.
  194 F.2d 986· 8th Cir.· 1952-03-10 ·cited 2×
  The court held that it lacked jurisdiction to hear the appeal because the order from which the appeal was taken was not a final judgment.
• Plomb Tool Co. v. Fayette R. Plumb, Inc.
  171 F.2d 945· 9th Cir.· 1949-01-13 ·cited 2×
  The Court of Appeals held that the contempt judgment, which enlarged upon the original injunction, was appealable and granted a stay of its enforcement pending further order.
• Knight v. Fla. Dep't of Corr.
  Fla. 1st DCA· 2020-05-08
• Bodziak v. DDB Real Est. Invs., LLC
  Fla. 2d DCA· 2020-04-15
  The dismissal of counterclaims against Timothy Daily is affirmed, but the dismissal as to other defendants is not final or appealable because interrelated claims remain pending in the circuit court.
• Lagi v. State
  261 So. 3d 760· Fla. 1st DCA· 2019-01-14
  A criminal defendant may not bring a separate interlocutory appeal from an order denying a motion to dismiss; such review is available only as part of a plenary appeal from final judgment and sentence.
• Nationwide Mut. Fire Ins. Co. v. Gaea J. Garrity
  23 So. 3d 237· Fla. 3d DCA· 2009-12-16
  Nationwide sought certiorari review of a circuit court order denying its motion for judgment on the pleadings in an uninsured motorists claim. The court held that while the policy language plainly barred recovery under the uninsured motorists endorsement, Nationwide failed to est
• Hadden v. Fla. Med. Ctr. & Specialty Carrier Servs.
  986 So. 2d 651· Fla. 1st DCA· 2008-06-27
  In this workers' compensation appeal, the court reversed a summary final order dismissing the claimant's refiled petition for benefits as barred by the statute of limitations. The court found that the underlying strike order was deficient because it failed to include required fin
• W. OF England Ship Owners Mut. Ins. Ass'n (Luxembourg) v. Am. Marine Corp.
  981 F.2d 749· 5th Cir.· 1993-01-06
  The court held that orders compelling arbitration and staying litigation are interlocutory and not appealable under § 16 of the Federal Arbitration Act when cases have been consolidated.
• Tpk. Dev., Ltd. v. Fed. Deposit Ins. Corp. for Bank of S. Palm Beaches
  606 So. 2d 491· Fla. 4th DCA· 1992-10-21
  Florida appellate court dismissed an appeal of an order permitting a creditor to file a supplementary proceeding against a guarantor's wife, holding that such orders are not appealable until a final judgment is entered against the impleaded party.
• The Continuum Co., Inc. v. Incepts, Inc.
  883 F.2d 333· 5th Cir.· 1989-07-26
  The court held that an undertaking, waiving damage limitations, is a valid substitute for an increased bond when it adequately protects the non-moving party and posting the bond would cause undue hardship.
• In re Sealed Case
  865 F.2d 392· D.C. Cir.· 1989-01-27
• In re Talbott BIG Foot, Inc. v. Boudreaux
  854 F.2d 758· 5th Cir.· 1988-09-14
  An interlocutory order increasing security in a Limitation of Liability Act case is appealable, and the determination of whether a vessel is 'seagoing' for increased security purposes depends on whether it is normally expected to engage in substantial operations beyond the Bounda
• Null v. State
  451 So. 2d 1048· Fla. 4th DCA· 1984-06-27
  Tony Michael Null appealed the trial court's denial of his motion to suppress blood test results from a DWI case where he was involved in a fatal vehicular collision. The court affirmed the denial, holding that the blood test was properly obtained and that appellant's nolo conten
• In re the Petition of Billy F. Price & Henriette von Schirach v. Price
  723 F.2d 1193· 5th Cir.· 1984-01-30
  The court held that review of Rule 27 orders should generally be declined once the anticipated action has been filed and the depositions have been taken.
• In re Grand Jury Subpoena Duces Tecum. Appeal of Anonymous Corp
  725 F.2d 1110· 7th Cir.· 1984-01-16
  The denial of a motion to quash a grand jury subpoena is generally not appealable unless the movant is held in contempt, but this rule may not apply if there is no actual grand jury investigation.
• United States v. Barron
  703 F.2d 270· 7th Cir.· 1983-03-29
  Orders refusing to disqualify opposing counsel are not appealable in criminal cases, similar to civil cases.
• In re Puritan Dairy Prods., Inc. v. The Southland Corp.
  633 F.2d 1183· 5th Cir.· 1981-01-09
  The court held that the interlocutory order concerning a dispute between a bankruptcy trustee and an adverse claimant over property within the bankruptcy court's jurisdiction is not appealable.
• Equal Emp. Opportunity Comm'n v. Int'l Longshoremen's Ass'n
  541 F.2d 1062· 4th Cir.· 1976-09-20
  An order denying a motion to dismiss, which does not make a non-party subject to an existing injunctive decree, is not an appealable modification of that injunction.
• Willametz v. Susi
  489 F.2d 364· 1st Cir.· 1973-12-20
  The court held that the district court did not abuse its discretion in releasing funds deposited as an equitable device, as New York law prioritizes attorney's liens over other creditors' claims.
• Leslie v. Penn Cent. R.R. Co.
  410 F.2d 750· 6th Cir.· 1969-05-08
  The court held that an order dissolving a temporary restraining order issued without notice is not an appealable order.