Interlocutory Review

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

• State v. Rudolf
  821 So. 2d 385· Fla. 2d DCA· 2002-07-10 ·cited 16×
  The State appealed an order granting Rudolf's motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), but the appellate court dismissed the appeal for lack of jurisdiction because the order was nonfinal and nonappealable.
• In re Perry
  882 F.2d 534· 1st Cir.· 1989-08-03 ·cited 16×
  The Equal Access to Justice Act (EAJA) does not apply to purely adjudicative governmental entities like the Occupational Safety and Health Review Commission (OSHRC).
• United States v. Musson
  802 F.2d 384· 10th Cir.· 1986-09-26 ·cited 16×
  The court held that a restraining order under 18 U.S.C. § 1963(e)(1)(A) and 21 U.S.C. § 853(e)(1)(A) may be issued upon the filing of an indictment without a prior evidentiary hearing, as the indictment itself provides sufficient probable cause for forfeiture.
• United States v. Coca-Cola Bottling Co. OF LOS Angeles & Arrowhead Puritas Waters, Inc.
  575 F.2d 222· 9th Cir.· 1978-03-28 ·cited 16×
  Federal district courts are not legally precluded from ordering rescission of acquisitions found to violate Section 7 of the Clayton Act, and the preliminary injunction was within the district court's discretion.
• Dep't OF Env't Reg. v. Leon Cnty.
  344 So. 2d 297· Fla. 1st DCA· 1977-04-07 ·cited 16×
  A hearing officer has quasi-judicial authority to determine if a proposed rule violates the constitution, and this power is not an unconstitutional exercise of judicial power.
• Frilette v. Kimberlin
  508 F.2d 205· 3d Cir.· 1974-12-16 ·cited 16×
  The court held that 35 U.S.C. § 24, as it pertains to patent interference cases, only grants district courts authority to issue subpoenas for witness attendance and document production, not broad discovery powers under the Federal Rules of Civil Procedure.
• Buchanan v. State of Fla. ex rel. John S. Hunt
  171 So. 2d 186· Fla. 3d DCA· 1965-01-19 ·cited 16×
  In this habeas corpus appeal, the Florida District Court of Appeal reversed a circuit court's discharge of Hunt, who was indicted for securities fraud violations. The court held that habeas corpus cannot be used as a substitute for appeal to challenge the sufficiency of an indict
• Citizens Prop. Ins. Corp. v. Calonge
  246 So. 3d 447· Fla. 3d DCA· 2018-04-18 ·cited 15×
  Citizens Property Insurance Corporation appealed five consolidated non-final orders denying its motions to dismiss on sovereign immunity grounds. The appellate court dismissed the appeals for lack of jurisdiction because the trial court orders merely stated "Denied" without expli
• Ophelia Brown v. McKINNON
  964 So. 2d 173· Fla. 3d DCA· 2007-08-01 ·cited 15×
• Gooden v. Howard Cnty.
  954 F.2d 960· 4th Cir.· 1992-01-23 ·cited 15×
  The court held that the majority opinion improperly granted summary judgment by skewing summary judgment doctrine to favor the qualified immunity defense, failing to properly assess genuine issues of material fact.
• Atwood Turnkey Drilling, Inc. v. Petroleo Brasileiro, S.A.
  875 F.2d 1174· 5th Cir.· 1989-06-27 ·cited 15×
  The court held that it has jurisdiction to hear the appeal of a preliminary injunction and that the injunction was properly granted. Petrobras is not immune from suit due to a waiver of sovereign immunity in the contract.
• Sec. & Exch. Comm'n v. Stewart
  476 F.2d 755· 2d Cir.· 1973-03-16 ·cited 15×
  The court held that mandamus is not appropriate for interlocutory discovery orders, but the trial court erred in conditioning discovery on a blanket grant of use immunity.
• Citizens Prop. Ins. Corp. v. SAN Perdido Ass'n, Inc.
  46 So. 3d 1051· Fla. 1st DCA· 2010-10-06 ·cited 14×
  Citizens Property Insurance, a statutory government entity, sought immediate appellate review of a trial court's denial of its motion to dismiss a bad faith insurance lawsuit based on sovereign immunity. The First District Court of Appeal declined interlocutory review, holding th
• Weir v. State
  591 So. 2d 593· Fla.· 1991-11-27 ·cited 14×
  The court held that a district court of appeal does not have certiorari jurisdiction to review an order granting a criminal defendant's motion in limine if the order is not ruled upon until after jeopardy has attached.
• Cedrick Holmes v. Fisher
  854 F.2d 229· 7th Cir.· 1988-08-09 ·cited 14×
  An order denying injunctive relief is immediately appealable under 28 U.S.C. § 1292(a)(1) even if a request for damages remains pending, and a plaintiff whose personal claim is moot at the time of filing cannot represent a class seeking equitable relief.
• In re Diaz Contracting, Inc. v. Nanco Contracting Corp.
  817 F.2d 1047· 3d Cir.· 1987-04-30 ·cited 14×
  The court held that a debtor's financial difficulty alone is insufficient to overcome the presumptive validity of a forum selection clause, and that the district court erred in applying an abuse of discretion standard of review.
• In re Puerto RICO Elec. Power Auth.
  687 F.2d 501· 1st Cir.· 1982-08-11 ·cited 14×
  The court held that the district court exceeded its authority by ordering PREPA to translate Spanish documents, as Rule 34(a) does not grant such power and it violates the principle of each party bearing their own suit costs. However, the writ of mandamus is conditioned on PREPA
• The United Faculty OF Fla. FEA/United v. Branson
  350 So. 2d 489· Fla. 1st DCA· 1977-09-20 ·cited 14×
  Four consolidated cases challenging a faculty union election in Florida's State University System. The court held that signature cards used to establish union interest are exempt from the Public Records Act and that challengers must raise objections timely and with proper standin
• Emp'rs Fire Ins. Co. v. Blanchard
  234 So. 2d 381· Fla. 2d DCA· 1970-04-17 ·cited 14×
  The court held that common law certiorari is not the proper remedy to review an interlocutory order that was granted in favor of the petitioners, especially when the order dismissed the complaint.
• BMW Fin. Servs. NA, LLC v. Elana B. Alger and Edmund W. Alger, III
  834 So. 2d 408· Fla. 5th DCA· 2003-01-17 ·cited 13×
  BMW Financial Services sought certiorari review of a trial court order denying its motion to set aside a clerk's default. The Fifth District Court of Appeal denied the petition, holding that orders on motions to set aside clerk's defaults are not appealable as non-final orders an
• Frederico A. Higueras v. Crosby
  924 So. 2d 18· Fla. 1st DCA· 2005-11-30 ·cited 12×
• Medalie v. FSC Sec. Corp.
  87 F. Supp. 2d 1295· S.D. Fla.· 2000-02-01 ·cited 12×
  The court held that the securities fraud claim is barred by the statute of limitations, and the breach of fiduciary duty claim is barred by the economic loss rule.
• United States v. Royal N. Hardage
  982 F.2d 1436· 10th Cir.· 1992-12-21 ·cited 12×
  The court held that a defendant challenging the government's response costs under CERCLA must prove the government's response actions were inconsistent with the NCP, not merely that individual costs were excessive. It also held that a declaratory judgment on liability for future
• Fed. Home Loan Mortg. Corp. v. Molko
  584 So. 2d 76· Fla. 3d DCA· 1991-07-23 ·cited 12×
  An order denying a mortgagee's motion to appoint a receiver for mortgaged property is properly affirmed where the property's market value exceeds the mortgage debt and charges due, even if the mortgagor has defaulted and failed to apply rents to mortgage payments; however, the mo
• Fontane-Rexach v. Puerto RICO Elec. Power Auth.
  878 F.2d 1493· 1st Cir.· 1988-04-22 ·cited 12×
  The court held that the assistant supply chief position was not a policymaker or confidential role, and thus political affiliation was not an appropriate criterion for dismissal, meaning qualified immunity did not apply.
• Millmen Local 550, United Bhd. OF Carpenters & Joiners OF Am., AFL-CIO v. Wells Exterior Trim
  828 F.2d 1373· 9th Cir.· 1987-09-17 ·cited 12×
  An arbitrator's decision determining liability but reserving jurisdiction to determine the remedy in the future is not a final and binding award reviewable by courts under section 301 of the LMRA.
• Barclaysamerican Corp. v. Kane
  746 F.2d 653· 10th Cir.· 1984-07-20 ·cited 12×
  The court held that a writ of mandamus or prohibition is not appropriate to review a discovery order compelling disclosure of documents claimed to be privileged, as the petitioners failed to demonstrate substantial importance to the administration of justice.
• Phrances Howard v. McAULEY
  436 So. 2d 392· Fla. 2d DCA· 1983-08-19 ·cited 12×
  The appellate court affirmed the trial court's order vacating a default and default final judgment, holding that the trial court had jurisdiction to entertain the defendant's "petition for rehearing" of a non-final order.
• Laurent PIC and Mary Ann Pic v. Hoyt Dev. Co., Inc.
  309 So. 2d 586· Fla. 2d DCA· 1975-03-19 ·cited 12×
  Petitioners sought a writ of certiorari to prevent the contractor-respondent from introducing evidence of a settlement offer at trial. The court denied the petition, holding that certiorari is not an appropriate remedy for interlocutory evidentiary rulings absent clear departure
• George W. Hendricks and his wife v. Williams
  151 Fla. 538· Fla.· 1942-10-09 ·cited 12×
  The Florida Supreme Court considers whether a defendant in a tax lien foreclosure suit can file a counterclaim against co-defendants where the original plaintiff (the City of Jacksonville) is not a party to the counterclaim. The court holds that such a counterclaim is improper be
• Stubbs v. Fed. Nat'l Home Loan
  250 So. 3d 151· Fla. 2d DCA· 2018-06-13 ·cited 11×
  Cedric and Dechanta Stubbs appealed the trial court's denial of their motion to vacate an order granting a writ of possession in a foreclosure case. The court dismissed the appeal for lack of jurisdiction because the Stubbses used an improper procedural vehicle and failed to time
• R.R. Donnelley & Sons Co. v. Fed. Trade Comm'n
  931 F.2d 430· 7th Cir.· 1991-04-29 ·cited 11×
  The court held that it lacks jurisdiction to review the FTC's denial of a motion to dismiss based on issue preclusion because the denial is not a final agency order.
• Brown v. THE City OF Tampa
  149 Fla. 482· Fla.· 1942-02-10 ·cited 11×
  A municipal ordinance making the sale of alcoholic beverages unlawful on Sunday was invalid and unenforceable because the ordinance was defeated in a city-wide election and the happening of the contingency condition making it effective was never established, despite ambiguity whe
• Laycock v. TMS Logistics, Inc.
  209 So. 3d 627· Fla. 1st DCA· 2017-01-19 ·cited 10×
  A plaintiff who won a $3.5 million jury verdict sought a writ of certiorari to prevent post-verdict juror interviews ordered by the trial court after allegations of juror misconduct. The First District Court of Appeal dismissed the petition, holding that the plaintiff failed to d
• State v. Stanley
  754 So. 2d 869· Fla. 1st DCA· 2000-04-12 ·cited 10×
  The State of Florida appeals a trial court order suppressing statements obtained from Sarah Stanley during custodial interrogation without her retained attorney present. The court affirms, holding that Stanley's right to counsel under the Florida Constitution attached when she re
• State v. Alyse Cohen Paris and Mark Paris
  665 So. 2d 381· Fla. 4th DCA· 1996-01-03 ·cited 10×
  The Florida Department of Transportation appealed a non-final order denying its motion to dismiss based on sovereign immunity in a negligence case arising from an allegedly defective guardrail on the Florida Turnpike. The Fourth District Court of Appeal dismissed the appeal for l
• United States v. Larrazolo
  869 F.2d 1354· 9th Cir.· 1989-03-17 ·cited 10×
  The court held that the appellants failed to demonstrate actual prejudice from the alleged prosecutorial misconduct before the grand jury, and therefore, the indictment stands.
• Mitchell v. State
  538 So. 2d 106· Fla. 4th DCA· 1989-02-08 ·cited 10×
  Mitchell sought certiorari review of a circuit court decision that reversed a county court's dismissal of a DUI charge. The Fourth District held it had jurisdiction to review the appellate decision and affirmed the reversal, finding sufficient evidence of actual physical control
• Pac. Power & Light Co. v. Bonneville Power Administration
  795 F.2d 810· 9th Cir.· 1986-07-28 ·cited 10×
  The court held that challenges to Bonneville Power Administration (BPA) actions taken pursuant to the Pacific Northwest Electric Power Planning and Conservation Act, even if framed as contract claims, fall under the exclusive jurisdiction of the Court of Appeals, not the district
• Shanks v. City OF Dallas
  752 F.2d 1092· 5th Cir.· 1985-02-15 ·cited 10×
  The court held that an order denying class certification, even if based on lack of standing for injunctive relief, is not immediately appealable under 28 U.S.C. § 1292(a)(1) unless it has the practical effect of denying an injunction and causes serious, irreparable harm that can
• Kellotat v. Hoyt C. Cupp
  719 F.2d 1027· 9th Cir.· 1983-11-03 ·cited 10×
  A petitioner must exhaust state post-conviction remedies for claims of denial of appellate counsel, even if an interlocutory petition was presented to the state supreme court.
• Gordons Jewelry Co. OF Fla., Inc. v. Hyman Feldman and Esther Feldman
  351 So. 2d 1117· Fla. 4th DCA· 1977-11-15 ·cited 10×
• Seaboard Coast Line R.R. Co. v. Arnett
  303 So. 2d 653· Fla. 1st DCA· 1974-11-05 ·cited 10×
  Seaboard Coast Line Railroad sought review of a circuit court order striking its fourth affirmative defense of estoppel by judgment. The court denied the petition, holding that an earlier jury verdict in a suit brought for one child's death did not bar a subsequent suit for the o
• Pfizer, Inc. v. Honorable Miles W. Lord
  449 F.2d 119· 2d Cir.· 1971-07-13 ·cited 10×
  The court denied the petition for rehearing of the application for a writ of mandamus.
• Hotel Roosevelt Co., Inc. v. Hill
  196 So. 2d 233· Fla. 1st DCA· 1967-03-14 ·cited 10×
  Hotel Roosevelt and co-petitioners sought common law certiorari to review a trial court's denial of their motion to dismiss a complaint filed by respondents Marie Hill and United States Fidelity & Guaranty Company. The court denied certiorari, holding that common law certiorari i
• Adventist Health System/sunbelt, Inc. v. Machalek
  48 Fla. L. Weekly S150· Fla. 5th DCA· 2023-10-06 ·cited 9×
  The trial court's denial of a motion to dismiss based on alleged failure to timely provide a corroborating expert affidavit under the statute of limitations is not reviewable by certiorari. Certiorari review of presuit requirements in medical malpractice actions is limited to pro
• J.S. v. Fla. Dep't of Child. & Families
  75 So. 3d 808· Fla. 1st DCA· 2011-12-05 ·cited 9×
  In a child dependency case, the Florida First District Court of Appeal reversed and remanded a trial court order that terminated protective services supervision, finding that the trial court erred by terminating services at a status hearing without notice to the mother that termi
• Rosenthal & Co. v. Commodity Futures Trading Comm'n
  614 F.2d 1121· 7th Cir.· 1980-02-05 ·cited 9×
  The court held that the Commodity Futures Trading Commission's order reversing an Administrative Law Judge's dismissal was not a final order and therefore not immediately reviewable by the court of appeals.
• VAN Devere v. Jeanette v. Holmes
  156 So. 2d 899· Fla. 3d DCA· 1963-10-22 ·cited 9×
  Van Devere, an attorney serving as ancillary co-executor of an estate, petitioned for a writ of certiorari to challenge a discovery order requiring him to produce all bank records from his trust account and financial information about the decedent. The court granted the petition
• Prichec v. Tecon Corp.
  139 So. 2d 712· Fla. 3d DCA· 1962-04-10 ·cited 9×
  Cuba and its agencies challenged orders denying their motion to disqualify opposing counsel who had previously represented them in 1960-1961 before switching to represent the plaintiff against them in the same matter. The court held that the attorneys violated the Canons of Ethic