Interlocutory Review

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

• Horizons A FAR, LLC v. Plaza N 15, LLC
  114 So. 3d 992· Fla. 5th DCA· 2012-07-27 ·cited 5×
  Horizons, a member of Plaza N 15, LLC, sought appointment of a receiver in a breach of fiduciary duty action. The trial court denied the request based on section 13.4 of the operating agreement, which it interpreted as a blanket waiver of members' rights to seek receiver appointm
• RTM Gen. Contractors, Inc. v. G/W Riverwalk, LLC
  893 So. 2d 583· Fla. 2d DCA· 2004-08-18 ·cited 5×
  RTM General Contractors appealed a summary judgment awarding damages for a fraudulent lien filed against G/W Riverwalk. The court affirmed, holding that RTM's construction contracts were void and unenforceable because RTM illegally allowed another party to use its contractor's li
• Fernez v. Calabrese
  760 So. 2d 1144· Fla. 5th DCA· 2000-07-07 ·cited 5×
  A claim of qualified immunity cannot support interlocutory certiorari review when the underlying cause of action—here, damages for violation of procedural due process and free speech rights under the Florida Constitution—is not recognized as an actionable tort under Florida law.
• United States v. Davis
  954 F.2d 182· 4th Cir.· 1992-01-09 ·cited 5×
  The court held that the defendant's guilty plea was voluntary, his waiver of appellate rights was knowing and intelligent, and he waived his right to appeal the principle of specialty issue by failing to raise it below.
• Peck v. Messina
  523 So. 2d 1154· Fla. 2d DCA· 1988-01-06 ·cited 5×
  Court denied certiorari petition and held that expert reports prepared for trial testimony are not protected by work product privilege and are discoverable in medical malpractice actions, absent statutory protection under the newly enacted presuit screening statute.
• Equal Emp. Opportunity Comm'n v. Chrysler Corp.
  759 F.2d 1523· 11th Cir.· 1985-05-08 ·cited 5×
  The Equal Employment Opportunity Commission (EEOC) is entitled to a jury trial in an action brought under the Age Discrimination in Employment Act (ADEA) to remedy violations.
• In re The State OF Mo.: Christopher S. Bond
  664 F.2d 178· 8th Cir.· 1981-11-17 ·cited 5×
  The court held that the state defendants failed to present sufficient grounds to warrant the issuance of an extraordinary writ of prohibition.
• Statewide Guardian ad Litem Off. v. J.B. and D.B.
  361 So. 3d 419· Fla. 1st DCA· 2023-05-23 ·cited 4×
  The appellate court granted a writ of certiorari to quash a trial court's order that improperly granted party status to foster parents in a dependency case. The court found the trial court misapplied the statute governing caregiver objections, which should not apply when reunific
• Deryl Nathan Foster v. State
  326 So. 3d 1192· Fla. 1st DCA· 2021-09-15 ·cited 4×
  A defendant charged with drug felonies and resisting an officer sought a writ of certiorari to quash a trial court order compelling disclosure of his cell phone passcode for execution of a search warrant, arguing it violated the Fifth Amendment. The court dismissed the petition f
• State Farm Fla. Ins. Co. v. Nordin
  312 So. 3d 200· Fla. 1st DCA· 2021-02-24 ·cited 4×
  The appellate court reversed a trial court's decision that an insurance company waived its right to appraisal by participating in litigation. The court found that the insurer's actions were consistent with its right to appraisal and that it invoked appraisal at the first reasonab
• Lewis v. State
  251 So. 3d 310· Fla. 2d DCA· 2018-07-13 ·cited 4×
  A petition for writ of prohibition challenging denial of a Stand Your Ground immunity motion may be filed, but no jurisdictional timeframe governs such petitions, and the court expresses concern about the potential for abuse through last-minute trial delays.
• Miami-Dade Cnty. v. Pozos
  242 So. 3d 540· Fla. 3d DCA· 2018-06-06 ·cited 4×
  An order denying a motion for summary judgment based on sovereign immunity is appealable as a nonfinal order under Rule 9.130(a)(3)(C)(xi) only if the trial court's order expressly determines that, as a matter of law, the party is not entitled to sovereign immunity. The trial cou
• Fla. Dep't of Agric. & Consumer Servs. v. Haire
  824 So. 2d 167· Fla.· 2002-07-11 ·cited 4×
• The State OF N.C. v. Env't Prot. Agency
  881 F.2d 1250· 4th Cir.· 1989-06-08 ·cited 4×
  A single circuit judge denied a motion for a temporary stay of administrative proceedings, finding that interlocutory review of the non-final procedural order was not warranted because the administrative process itself could address the alleged taint of ex parte communications.
• In re Perry
  859 F.2d 1043· 1st Cir.· 1988-10-19 ·cited 4×
  The court held that the administrative law judge's protective orders, as applied to restrict union campaign literature and exclude a representative, constituted a usurpation of power and violated the First Amendment.
• United States v. BNS Inc.
  848 F.2d 945· 9th Cir.· 1988-05-27 ·cited 4×
  The appellate court held that the district court had authority to issue a preliminary injunction under the All Writs Act to preserve its jurisdiction under the APPA, and modified the injunction by appointing an independent trustee.
• John DOE Corp. v. United States
  714 F.2d 604· 6th Cir.· 1983-07-21 ·cited 4×
  The court held that the denial of the corporation's request for injunctive relief to prevent a grand jury indictment based on a plea agreement is not an immediately appealable final decision under 28 U.S.C. § 1291.
• Garden State BAR Ass'n & the N.J. Ass'n of Black Women Lawyers v. Middlesex Cnty. Ethics Comm.
  687 F.2d 801· 3d Cir.· 1982-09-08 ·cited 4×
  The court affirmed the dismissal of the action as to Hinds and remanded the case for the district court to consider the status and standing of the organizational plaintiffs.
• Burlington N. Inc. v. The United States
  684 F.2d 866· Ct. Cl.· 1982-07-14 ·cited 4×
  The court held that using past retirement data via the actuarial method is not a new ground for recovery but rather evidence supporting the stated ground of anticipated obsolescence, and thus is admissible at trial.
• First Nat'l Monetary Corp. v. Commodity Futures Trading Comm'n
  677 F.2d 522· 6th Cir.· 1982-05-03 ·cited 4×
  The court held that the filing of an administrative complaint does not constitute final agency action subject to immediate judicial review, and the agency is entitled to choose its administrative processes in the first instance.
• Lily G. Harvey & Rosenthal & Co. v. Seevers
  626 F.2d 27· 7th Cir.· 1980-07-14 ·cited 4×
  The court held that the appeal should be dismissed as moot because the hearings had already occurred, and even if not moot, the plaintiffs failed to exhaust administrative remedies.
• Jackson v. Alterman Transp. Lines, Inc.
  301 So. 2d 795· Fla. 3d DCA· 1974-10-08 ·cited 4×
  Willis Jackson appealed a summary judgment dismissing his suit against Alterman Transport Lines for allegedly deducting workmen's compensation insurance from his salary without authorization. The court reversed the summary judgment, finding a genuine issue of material fact regard
• The Gulf Fertilizer Co. v. Walden
  163 So. 2d 269· Fla.· 1964-04-22 ·cited 4×
  Gulf Fertilizer Company challenged the constitutionality of a Florida statute that required closely-held corporate stock to be valued using a 'book value' formula for tax assessment purposes. The Florida Supreme Court held the statute unconstitutional as violating the requirement
• Tivas v. Tivas
  140 Fla. 385· Fla.· 1939-10-31 ·cited 4×
  This case involves a petition for a writ of certiorari to review an interlocutory order from a lower chancery court. The Florida Supreme Court granted the writ, but then granted a motion to strike the respondent's answer and affidavits filed in the Supreme Court, indicating that
• Pinellas Packing Co. v. Clearwater Citrus Growers Ass'n
  67 Fla. 433· Fla.· 1914-05-11 ·cited 4×
  Pinellas Packing Company appealed an interlocutory order sustaining the complainant's exceptions to a plea treated as an answer in an equity action for deed cancellation. The Florida Supreme Court reversed, holding that when a plea is permitted to stand as an answer without reser
• Reliable Restoration, LLC v. Panama Commons, L.P.
  313 So. 3d 1207· Fla. 1st DCA· 2021-04-01 ·cited 3×
  The appellate court granted a petition for a writ of certiorari, quashing a trial court's denial of a motion to stay a lawsuit. The court found that the trial court's denial constituted a departure from the essential requirements of law, causing irreparable harm, because two subs
• Int'l House OF Pancakes (Ihop) v. Robinson
  124 So. 3d 1004· Fla. 4th DCA· 2013-11-06 ·cited 3×
  IHOP and a prep cook sought certiorari review of two trial court orders: one denying relief from a default judgment and another compelling discovery of a statement taken by IHOP's insurer investigator. The court held it lacked jurisdiction over the default order but granted relie
• McDONALD v. Wiley Johnson and James Randy Johnson
  83 So. 3d 889· Fla. 2d DCA· 2012-01-27 ·cited 3×
  The court held that the probate court erred in excluding the potential increase in value of company stock from the surviving spouse's elective share calculation and in denying discovery related to that issue.
• Verizon Bus. Network Servs., Inc. v. Fla. Dep't OF Corr. & Securus Techs., Inc.
  960 So. 2d 916· Fla. 1st DCA· 2007-07-31 ·cited 3×
  Verizon Business Network Services and related companies petitioned for interlocutory review of an administrative law judge's order denying their motion to compel production of documents. The Florida District Court of Appeal held that discovery disputes are generally not reviewabl
• Bolanos v. Bain
  696 So. 2d 478· Fla. 3d DCA· 1997-07-02 ·cited 3×
  Police officers appealed a trial court's denial of their motions for summary judgment based on qualified immunity in a case where a police dog bit and dragged a minor fleeing from police for misdemeanor retail theft. The appellate court affirmed denial of summary judgment for Off
• Dorsey v. Hearns
  433 So. 3d 481· Fla. 6th DCA· 2026-04-17 ·cited 2×
  An appellate court lacks jurisdiction to review an appeal when the notice of appeal is filed more than 30 days after rendition of final orders, and lack of timely appeal of final orders deprives jurisdiction over nonfinal orders and orders denying motions for rehearing.
• In re Amendments to Fla. Rule of App. Procedure 9.130
  406 So. 3d 937· Fla.· 2025-03-27 ·cited 2×
  The Florida Supreme Court amended Rule of Appellate Procedure 9.130 to permit interlocutory appeals of nonfinal orders that deny motions under Florida's three Anti-SLAPP statutes, allowing immediate appellate review of such orders rather than requiring parties to proceed to final
• Fla. Dep't of Revenue v. Int'l Bonded Couriers, Inc.
  356 So. 3d 320· Fla. 1st DCA· 2023-02-22 ·cited 2×
  The Florida Department of Revenue (DOR) sought a writ of prohibition to stop the Division of Administrative Hearings (DOAH) from hearing a challenge to its tax policies as an unadopted rule. The appellate court dismissed DOR's petition, finding that its arguments concerned the me
• Fountainbleau, LLC v. Hire US, Inc.
  273 So. 3d 1152· Fla. 2d DCA· 2019-06-07 ·cited 2×
  A trial court must determine personal jurisdiction over a defendant before ordering arbitration; ordering arbitration without first determining jurisdiction is a departure from the essential requirements of law and an excess of jurisdiction. A court cannot compel a nonresident de
• Fla. Agency For Health Care Adm. v. McClain
  43 Fla. L. Weekly Fed. D 451· Fla. 1st DCA· 2018-04-18 ·cited 2×
  An order denying a motion to dismiss based on sovereign immunity is not appealable under Rule 9.130(a)(3)(C)(xi) unless the order explicitly states on its face that the defendant is not entitled to sovereign immunity as a matter of law. A mere denial of the motion without explici
• Dep't OF Revenue o/b/o Hanna May Rose Peterson v. Johnson
  177 So. 3d 697· Fla. 1st DCA· 2015-11-03 ·cited 2×
  The ALJ erred in determining it lacked subject-matter jurisdiction to conduct an evidentiary hearing when the Department of Revenue determined no modification of a support order was warranted.
• Whitney Info. Network v. Council OF Better Bus. Bureaus, Inc.
  957 So. 2d 119· Fla. 4th DCA· 2007-05-16 ·cited 2×
• Freedom Life Ins. Co. of Am. v. Wallant
  953 So. 2d 16· Fla. 4th DCA· 2007-02-28 ·cited 2×
  The court held that a party cannot file successive motions to compel arbitration after an initial denial and failure to timely appeal that denial.
• Sheridan Ford v. Agency FOR Persons With Disabilities Dist. 15
  932 So. 2d 294· Fla. 4th DCA· 2005-11-30 ·cited 2×
  The court held that a non-final administrative order denying a motion to transfer a case is not immediately appealable because it is not a final agency action and does not deprive the appellant of an adequate remedy.
• Eugenia M. Benedict v. Pensacola Motor Sales, Inc
  846 So. 2d 1238· Fla. 1st DCA· 2003-06-09 ·cited 2×
  The First District Court of Appeal affirmed a trial court's order compelling arbitration in a lemon car case, holding that a party seeking to avoid arbitration by claiming implied waiver must demonstrate prejudice to the opposing party. The court resolved a split among Florida's
• Fla. Pub. Emps. Council 79, AFSCME, AFL-CIO v. Jacksonville Employees Together
  738 So. 2d 489· Fla. 1st DCA· 1999-08-05 ·cited 2×
  AFSCME challenged the Administrative Law Judge's acceptance of Helen Heard, a non-lawyer officer of a competing employee organization, to represent Jacksonville Employees Together before the Public Employees Relations Commission. The court affirmed, holding that section 447.609 e
• Consultants & Designers & Cigna v. Brown
  697 So. 2d 1228· Fla. 1st DCA· 1997-06-27 ·cited 2×
  In this workers' compensation case, the Florida First District Court of Appeal reviewed a JCC's award of temporary total disability, temporary partial disability, medical benefits, and psychiatric authorization to Sandra Brown for injuries allegedly resulting from workplace chemi
• Fowler v. Watts
  659 So. 2d 374· Fla. 2d DCA· 1995-07-12 ·cited 2×
  Ronald Fowler appeals an order requiring arbitration of a dispute with David Watts and Interactive Attractions, Inc. The court reversed, holding that no valid arbitration agreement existed between the parties because the current shareholders' agreement contained no arbitration cl
• Balaguer-Santiago v. Hon. Jaime Torres-Gaztambide
  932 F.2d 1015· 1st Cir.· 1991-05-14 ·cited 2×
  The court held that a politically motivated demotion, as opposed to a constructive discharge, was not a clearly established constitutional violation in 1985, thus entitling officials to qualified immunity.
• Mellon Bank, N.A. v. Gateway, Ltd.
  566 So. 2d 870· Fla. 2d DCA· 1990-09-07 ·cited 2×
  Mellon Bank sought interlocutory review of a trial court order approving leases entered into by a receiver in a foreclosure action, arguing the leases should not have priority over its mortgage. The appellate court dismissed the appeal for lack of jurisdiction, holding that while
• Bester v. Chicago Transit Auth.
  887 F.2d 118· 7th Cir.· 1989-10-04 ·cited 2×
  The Chicago Transit Authority's operation of a mass transit system is not a traditional government function and is therefore subject to the Fair Labor Standards Act's minimum wage and overtime provisions.
• Crutcher v. Commonwealth OF Ky.
  883 F.2d 502· 6th Cir.· 1989-08-30 ·cited 2×
  The court held that the district court erred by denying summary judgment on qualified immunity without stating its specific reasoning, and remanded for further findings.
• In re Sylvie Alison. Appeal of John and Margo Yntema
  837 F.2d 619· 3d Cir.· 1988-01-26 ·cited 2×
  The court held that an order of the Appellate Division of the District Court of the Virgin Islands reversing a final judgment of the Territorial Court and remanding for further proceedings is not a "final decision" over which the Third Circuit has appellate jurisdiction.
• Dilip K. Paul v. Fed. Mine Safety & Health Review Comm'n
  812 F.2d 717· D.C. Cir.· 1987-02-27 ·cited 2×
  Preliminary engineering and design activities for a potential mine do not constitute mining under the Mine Act, and therefore, an individual engaged in such activities is not a 'miner' with standing to sue for retaliatory discharge.
• Ohio Citizens FOR Responsible Energy, Inc. v. Nuclear Regulatory Comm'n & United States
  803 F.2d 258· 6th Cir.· 1986-10-14 ·cited 2×
  The court held that the order denying the petitioner's motion to reopen proceedings before the Appeal Board was not a final order and therefore not subject to immediate judicial review.