Interlocutory Review

344 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Pub. Util. Comm'r OF Or. v. Bonneville Power Administration
  767 F.2d 622· 9th Cir.· 1985-08-01 ·cited 26×
  The court held that jurisdiction to review constitutional challenges to agency proceedings that could affect the court's future jurisdiction over final agency action lies exclusively with the court of appeals, even if the agency action is not yet final. The court also held that i
• In re Bertram Zweibon
  565 F.2d 742· D.C. Cir.· 1977-09-21 ·cited 26×
  Mandamus is available to review the denial of a jury trial, and the petitioners did not waive their right to a jury trial on the issue of "good faith" because the defense was not properly pleaded and the jury demand was timely after the pleadings were deemed amended.
• Couse v. The Canal Auth. of the State of Fla.
  209 So. 2d 865· Fla.· 1968-05-01 ·cited 26×
  The Florida Supreme Court held that it has jurisdiction to review by certiorari an interlocutory order of taking in an eminent domain proceeding, despite the order not being final, because such review is necessary to the Court's prescribed constitutional jurisdiction to decide ap
• Warren v. Se. Leisure Sys., Inc.
  522 So. 2d 979· Fla. 1st DCA· 1988-03-23 ·cited 25×
  The court held that an order directing a party to answer an impleader complaint in proceedings supplementary is a non-final order determining subject matter jurisdiction, not personal jurisdiction, and is therefore not immediately appealable.
• Romish v. Albo
  291 So. 2d 24· Fla. 3d DCA· 1974-02-26 ·cited 25×
  A minor defendant sought review of a trial court's denial of his motion to amend his answer to add a compulsory counterclaim for medical expenses that exceeded the statutory threshold for a right of action. The court granted the writ of certiorari, finding that the trial court ab
• Young v. Stoutamire
  131 Fla. 535· Fla.· 1938-02-22 ·cited 25×
  The Florida Supreme Court quashed a circuit court order that directed the sheriff to retain bond money deposited by petitioners in a habeas corpus proceeding. The Court held that money in custodia legis (legal custody) and held by order of the Supreme Court cannot be controlled o
• Major Ronald Walsingham v. Kriegel
  671 So. 2d 166· Fla. 1st DCA· 1996-02-21 ·cited 24×
  Petitioners Walsingham and Kriegel, public officials who led environmental and hazardous waste investigations, appealed the denial of their qualified immunity motion in a Section 1983 lawsuit brought by property owners whose premises were searched. The Florida District Court of A
• Zarco Supply Co. v. Bonnell
  658 So. 2d 151· Fla. 1st DCA· 1995-07-17 ·cited 24×
  Zarco Supply Company sought disqualification of two law firms representing plaintiffs in a personal injury action arising from a car accident. The court held that despite the former client's consent, the firms were disqualified due to the irrefutable presumption of confidential d
• Goetz v. James P. Noble, M.D.
  652 So. 2d 1203· Fla. 4th DCA· 1995-03-29 ·cited 24×
  The trial court erred in denying summary judgment based on absolute and qualified immunity for the appellant's actions.
• Welch v. Resolution Tr. Corp.
  590 So. 2d 1098· Fla. 5th DCA· 1991-12-27 ·cited 24×
  The court held that an order granting a motion to dismiss without prejudice is not an appealable final or non-final order.
• Rothner v. City OF Chicago
  879 F.2d 1402· 7th Cir.· 1989-07-05 ·cited 24×
  The court held that an order remanding a case to state court on account of waiver implied from the course of litigation is not reviewable by the court of appeals under 28 U.S.C. § 1447(d).
• The Fla. Bar re: Rules of App. Procedure
  463 So. 2d 1114· Fla.· 1984-09-13 ·cited 24×
  The Florida Supreme Court approved comprehensive amendments to the Florida Rules of Appellate Procedure to implement new statutory provisions, clarify procedural matters, and expand district court authority. The amendments address certified questions from county courts, partial f
• SCM Corp. v. Xerox Corp.
  645 F.2d 1195· 2d Cir.· 1981-03-12 ·cited 24×
• Colonial Penn Ins. Co. & John Larocca v. Blair
  380 So. 2d 1305· Fla. 5th DCA· 1980-03-12 ·cited 24×
  Colonial Penn Insurance Company and John Larocca sought review of a discovery order denying production of a traffic court proceeding transcript. The Fifth District Court of Appeal granted their petition for certiorari, holding that the transcript was not protected work-product an
• Winthrop J. Allegaert v. Perot
  565 F.2d 246· 2d Cir.· 1977-11-07 ·cited 24×
  The court held that attorneys are not disqualified if they continuously represented clients adverse to the party seeking disqualification, even if they performed some work for that party with the party's knowledge.
• Neale v. Aycock
  340 So. 2d 535· Fla. 1st DCA· 1976-12-16 ·cited 24×
  The court held that a trial court's discretion to stay proceedings is limited and cannot be used to prejudice a party's right to have their claim determined by the proper jurisdiction.
• Henderson v. Int'l Longshoremen's & Warehousemen's Union Local 50
  457 F.2d 572· 9th Cir.· 1972-03-14 ·cited 24×
  A Section 10(l) injunction against a union terminates when the Board makes a Section 10(k) award of work to that union, even if the opposing union or employer has not complied with the award.
• Dairyland Ins. Co. v. McKENZIE
  251 So. 2d 887· Fla. 1st DCA· 1971-09-02 ·cited 24×
  Dairyland Insurance Company sought common law certiorari review of an interlocutory order finding it was obligated to provide coverage under a nonowners automobile liability policy. The court denied certiorari because no final judgment had been rendered and the insurer would have
• The Wolf Corp. v. Sec. & Exch. Comm'n
  317 F.2d 139· D.C. Cir.· 1963-02-14 ·cited 24×
  The court held that the district court correctly denied a preliminary injunction because the appellant failed to state a claim for relief, and that the SEC's Rule 477 is valid.
• Standard Airlines, Inc. v. Civil Aeronautics Bd.
  177 F.2d 18· D.C. Cir.· 1949-05-02 ·cited 24×
  The court held that the Civil Aeronautics Board cannot suspend an air carrier's registration without providing an opportunity for oral presentation, even if the registration letter permits immediate suspension.
• E. L. Hawkins de bonis non of the Estate of Wise Perry v. Perry
  146 Fla. 766· Fla.· 1941-04-25 ·cited 24×
  An administrator of an estate appealed from a trial court's denial of a motion to compel the defendant to account for estate property and produce records, and from a subsequent dismissal order. The Florida Supreme Court dismissed the appeal, holding that the appellant could not c
• State Farm Fla. Ins. Co. v. Seville Place Condo. Ass'n, Inc.
  74 So. 3d 105· Fla. 3d DCA· 2011-07-20 ·cited 23×
  State Farm sought a writ of certiorari to quash circuit court orders allowing a condominium association to amend its complaint to add bad faith and punitive damage claims before final judgment on coverage issues. The court denied the petition, clarifying that certiorari jurisdict
• Allapattah Servs., Inc. v. Exxon Corp.
  372 F. Supp. 2d 1344· S.D. Fla.· 2005-05-18 ·cited 22×
  The court granted plaintiffs' motion in part, striking certain affirmative defenses and a set-off claim, and awarded attorney's fees and sanctions against Exxon.
• Brogan v. Mullins
  452 So. 2d 940· Fla. 5th DCA· 1984-05-24 ·cited 22×
  Mere negotiations between counsel, absent fraud or misrepresentation inducing reliance, do not toll the running of the statute of limitations for claims against an estate under Florida Statutes section 733.709.
• Sperry Rand Corp. v. Honorable Earl R. Larson
  554 F.2d 868· 8th Cir.· 1977-05-09 ·cited 22×
  The court held that the district court's conditional certification of a class action under Rule 23(b)(2) and its order for notice to class members did not constitute a usurpation of power warranting mandamus relief.
• Willyerd v. Buildex Co.
  463 F.2d 996· 6th Cir.· 1972-07-06 ·cited 22×
  A bankruptcy court lacks summary jurisdiction to enforce a disputed debt against a third party who claims the debt is not owed, and the district court has the power to review a referee's order affirming such jurisdiction.
• Olson RUG Co. v. Nat'l Labor Relations Bd.
  291 F.2d 655· 7th Cir.· 1961-05-25 ·cited 22×
  In contempt proceedings, a court has discovery power, which can be delegated to a Special Master, and this power can override agency regulations or conditional privileges when good cause is shown for the production of relevant evidence.
• Lykes Bros. S.S. Co., Inc. v. Hon. Sidney Sugarman
  272 F.2d 679· 2d Cir.· 1959-12-04 ·cited 22×
  The court held that appellate courts should not override the considered discretion of district judges on motions to transfer venue under 28 U.S.C. § 1404(a), especially when the balance of convenience is not strongly in favor of the defendant.
• Fireman's Fund Ins. Co. v. Ignacio
  860 F.2d 353· 9th Cir.· 1988-11-01 ·cited 21×
  The district court's dismissal of the declaratory judgment action was proper because it would lead to piecemeal litigation and interfere with the pending tort action.
• In re Amendments TO Fla. Rule OF App. Procedure 9.130
  151 So. 3d 1217· Fla.· 2014-11-13 ·cited 20×
  The Florida Supreme Court adopted amendments to Rule of Appellate Procedure 9.130 to authorize interlocutory appeals of nonfinal orders denying immunity claims. The Court adopted the Committee's proposal regarding section 768.28(9) immunity but modified the proposal regarding sov
• Beach Cmty. Bank v. City OF Freeport
  150 So. 3d 1111· Fla.· 2014-11-13 ·cited 20×
  The Florida Supreme Court held that the First District Court of Appeal improperly used its certiorari jurisdiction to review a trial court's nonfinal order denying sovereign immunity to the City of Freeport, but approved the substantive holding that the City was entitled to sover
• Hines Elec. & Fla. Ins. Guar. Ass'n v. McCLURE
  616 So. 2d 132· Fla. 1st DCA· 1993-03-25 ·cited 20×
  In this workers' compensation case, the Florida First District Court of Appeal addresses the interpretation and application of the newly amended Rule 4.160(b), which grants discretionary jurisdiction to review certain nonfinal orders in workers' compensation cases. The court clar
• McINTOSH v. State
  496 So. 2d 120· Fla.· 1986-08-21 ·cited 20×
  The district court erred in affording review by certiorari when the state had no direct right of appeal.
• In re AIR Crash Disaster AT Mannheim Germany ON 9/11/82. Ursula J. Schoenborn v. The Boeing Co. Appeal of The Boeing Co.
  769 F.2d 115· 3d Cir.· 1985-06-28 ·cited 20×
  The government contractor defense applies when the government approves the design specifications after substantial review, even if the contractor participated in the design, and the government had equal or greater knowledge of the product's hazards.
• Pedro Realty, Inc. v. Silva
  392 So. 2d 1005· Fla. 3d DCA· 1981-01-21 ·cited 20×
  This case addresses whether an order denying a motion to vacate a default judgment is appealable. The court holds that such an order is appealable because it determines liability in favor of a party seeking affirmative relief, satisfying the requirements of Florida Rule of Appell
• Commonwealth of Pa. v. Env't Prot. Agency
  618 F.2d 991· 3d Cir.· 1980-02-12 ·cited 20×
  The court held that petitions seeking to compel the EPA Administrator to promulgate regulations for post-mining discharges must be brought in federal district court under section 505 of the Act, not in the court of appeals under section 509.
• Anschul v. Sitmar Cruises, Inc.
  544 F.2d 1364· 7th Cir.· 1976-05-17 ·cited 20×
  The court held that an order denying class action status is not immediately appealable under the death knell or collateral order doctrines, but may be appealable under 28 U.S.C. § 1292(b) if certified by the district court.
• Utah Int'l, Inc. v. Env't Prot. Agency
  478 F.2d 126· 10th Cir.· 1973-04-27 ·cited 20×
  The court held that it lacked jurisdiction to review the EPA's order disapproving portions of a state implementation plan because such an order is not final agency action under the Clean Air Act.
• City OF Dania v. Cent. & S. Fla. Flood Control Dist.
  134 So. 2d 848· Fla. 2d DCA· 1961-05-17 ·cited 20×
  The City of Dania sought certiorari review of an interlocutory order in an eminent domain action where the Central and Southern Florida Flood Control District sought to condemn city property used as a garbage dump. The court held that a flood control district lacks statutory auth
• Patten v. Daoud
  152 Fla. 448· Fla.· 1943-03-02 ·cited 19×
• Agency FOR Health Care Admin. v. Mount Sinai Med. Ctr. OF Greater Miami
  690 So. 2d 689· Fla. 1st DCA· 1997-04-01 ·cited 18×
  The Agency for Health Care Administration sought mandamus relief to compel an administrative law judge to conduct a formal hearing on competing applications for nursing home bed certificates of need. The court converted the petition into an interlocutory review under section 120.
• Dep't OF Transp. v. Wallis
  659 So. 2d 429· Fla. 5th DCA· 1995-08-11 ·cited 18×
  The Florida Department of Transportation sought certiorari review of a trial court's denial of its motion to dismiss a pedestrian injury lawsuit based on sovereign immunity. The court held that DOT is entitled to sovereign immunity because the danger of crossing a roadway is read
• Tucker v. Resha
  610 So. 2d 460· Fla. 1st DCA· 1992-10-12 ·cited 18×
  Tucker, an Executive Director of Florida's Department of Revenue, sought common-law certiorari review of an order denying her motion for summary judgment on qualified immunity grounds in a federal civil rights action. The court declined to expand interlocutory review of non-final
• United States v. Midland Asphalt Corp. & Albert C. Litteer
  840 F.2d 1040· 2d Cir.· 1988-02-09 ·cited 18×
  An order denying a motion to dismiss an indictment for alleged violations of Federal Rule of Criminal Procedure 6(e) is not subject to interlocutory appellate review because it is likely appealable after a final conviction.
• Beckwith Mach. Co. v. Travelers Indem. Co.
  815 F.2d 286· 3d Cir.· 1987-04-01 ·cited 18×
  The court should apply the White v. New Hampshire rule consistently to all attorney's fee disputes, regardless of whether the fee obligation arises from contract, statute, or common law.
• Godinez v. Lane
  733 F.2d 1250· 7th Cir.· 1984-05-09 ·cited 18×
  The court reversed the district court's order modifying the preliminary injunction, finding that the plaintiffs failed to establish the necessary factors for its issuance.
• Lipton Prof'l Soccer, Inc. v. Mijatovic
  416 So. 2d 1236· Fla. 1st DCA· 1982-07-20 ·cited 18×
  Lipton Professional Soccer sought to compel arbitration of a salary dispute with player Nick Mijatovic under contracts that contained binding arbitration clauses. The Florida appellate court granted the petition and remanded the case to require arbitration, holding that both the
• Frey v. The Commodity Exch. Auth.
  547 F.2d 46· 7th Cir.· 1976-12-14 ·cited 18×
  The court held that the Commodity Exchange Act and its implementing regulations do not grant a clear right to pre-hearing discovery that would justify judicial interference with ongoing administrative proceedings when discovery is denied interlocutorily.
• Thomas E. Abbey, D.O. v. Gertrude Patrick and Lionel Gatien, D.O.
  16 So. 3d 1051· Fla. 1st DCA· 2009-09-14 ·cited 17×
  Dr. Abbey sought certiorari review of a trial court order denying his motion for summary judgment in a medical malpractice case, arguing the statute of limitations had expired before the plaintiff filed suit. The court denied the petition, holding that certiorari is available onl
• United States v. 93 Court Corp.
  350 F.2d 386· 2d Cir.· 1965-08-31 ·cited 17×
  The United States is not barred by state statutes of limitations or laches from enforcing rights acquired by the Reconstruction Finance Corporation.