Interlocutory Review

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

• Crobons v. Wis. Nat'l Life Ins. Co.
  790 F.2d 475· 6th Cir.· 1986-05-07 ·cited 2×
  The court held that the Michigan Death Act's definition of death based on irreversible cessation of brain function applies to determining the time of death for insurance policy proceeds, and that the insurer had sufficient notice of a potential dispute regarding the time of death
• Marks v. SAN Francisco Real Est. Bd.
  627 F.2d 947· 9th Cir.· 1980-09-11 ·cited 2×
  The court held that reviewing the class decertification issue at this stage is premature and unnecessary, as the plaintiff is entitled to pursue his individual claim.
• In re Centrotextil
  620 F.2d 690· 8th Cir.· 1980-05-09 ·cited 2×
  The court held that a writ of prohibition is not a substitute for interlocutory appeal under 28 U.S.C. § 1292(b).
• Anson v. Fla. State Bd. OF Architecture
  354 So. 2d 386· Fla. 1st DCA· 1977-10-19 ·cited 2×
  Compelled testimony given under immunity statutes protects an architect from disciplinary proceedings seeking to revoke their license, as such proceedings are considered a penalty or forfeiture contemplated by the immunity statutes.
• Division OF Administration v. Rinker Materials Corp.
  302 So. 2d 197· Fla. 4th DCA· 1974-10-25 ·cited 2×
• Greta Landsberg v. Landsberg
  280 So. 2d 491· Fla. 3d DCA· 1973-07-24 ·cited 2×
  The trial judge's order on the mandate did not conform to the court's prior directions.
• Ernst & Ernst v. United States Dist. Court FOR the S. Dist. OF Tex.
  457 F.2d 1399· 5th Cir.· 1972-04-03 ·cited 2×
  The court held that the Trustee could not solely represent the class in a securities action, but granted mandamus to require an additional representative. The petition for mandamus was otherwise denied.
• Am. Emp'rs' Ins. Co. v. Evanoff
  181 So. 2d 695· Fla. 2d DCA· 1966-01-14 ·cited 2×
  Petitioner insurance company sought a writ of certiorari to review a trial court's order overruling its objections to respondent's broad Requests for Admissions. The court denied the petition, holding that the trial court's interlocutory order did not constitute fundamental error
• Hamel v. Danko
  82 So. 2d 321· Fla.· 1955-09-14 ·cited 2×
  Helen Hamel appealed orders in an equity action for corporate dissolution and asset partition, including orders allowing credit bidding, confirming a sale, and denying a supersedeas bond motion. The Florida Supreme Court held that a statute purporting to limit the preclusive effe
• Calusa Bay N. Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  2024 WL 33906· M.D. Fla.· 2024-07-22 ·cited 1×
  The court granted the plaintiffs' motion to lift the stay on appraisal proceedings and set forth procedures and deadlines for the appraisal process.
• Niles B. Whitten v. Clark
  Fla. 1st DCA· 2023-05-03 ·cited 1×
  A petitioner seeking certiorari relief must demonstrate irreparable harm, and where the petitioner has not been charged and may never be charged, the court lacks jurisdiction to grant certiorari relief.
• Henry v. AIM Indus.
  352 So. 3d 939· Fla. 2d DCA· 2022-12-16 ·cited 1×
  The appellate court denied a petition for a writ of certiorari because the appellant failed to provide an adequate appellate record. Without a transcript of the lower court hearing, the court could not determine if the trial court erred in discharging the notices of lis pendens w
• Lexington Ins. Co. v. Mintz Truppman, P.A.
  47 Fla. L. Weekly S519· Fla. 3d DCA· 2022-10-06 ·cited 1×
  Cozen O'Connor and Lexington Insurance sought certiorari review of a trial court's denial of their motions to dismiss a state court lawsuit alleging violations of Florida's Mediation Confidentiality and Privilege Act. The Third District Court of Appeal lacked certiorari jurisdict
• State v. Martinez
  4 So. 3d 712· Fla. 4th DCA· 2009-02-24 ·cited 1×
  The State petitioned for certiorari review of an order disqualifying the State Attorney's Office after prosecutors violated the defendant's attorney-client privilege by listening to recorded jail calls between the defendant and his counsel discussing trial strategy. The Florida a
• Fla. Fish & Wildlife Conservation Comm'n v. McGILL
  823 So. 2d 236· Fla. 1st DCA· 2002-08-06 ·cited 1×
  The Florida Fish & Wildlife Conservation Commission sought interlocutory review of an Administrative Law Judge's order regarding transcript costs in a rule challenge proceeding. The court denied the petition, holding that the Commission had an adequate remedy through cross-appeal
• United States v. Falcon
  902 F. Supp. 234· S.D. Fla.· 1995-09-14 ·cited 1×
  The court held that civil and administrative forfeitures of drug proceeds do not constitute 'punishment' for double jeopardy purposes when the defendants fail to contest the forfeitures, as jeopardy does not attach without a risk of determination of personal culpability.
• Edwin W. Peck, Inc. v. 2625 Plaza Mgmt. Corp., Inc.
  344 So. 2d 930· Fla. 1st DCA· 1977-04-13 ·cited 1×
  A condominium developer's petition for certiorari challenging the authority of an attorney to represent a class action brought by a condominium association is denied because class action rules permit representation of the whole by one or more members, and the proper vehicle for c
• Metro. Ice Palace, Inc. v. Taber
  143 Fla. 825· Fla.· 1940-08-02 ·cited 1×
  The Florida Supreme Court affirmed a lower court's order due to an equal division among the justices, meaning the appellate court could not reach a majority decision to overturn the lower court's ruling.
• Bostwick v. Van Sant
  98 Fla. 565· Fla.· 1929-10-08 ·cited 1×
  The Florida Supreme Court affirmed an interlocutory order striking certain portions of defendants' answer in a mortgage foreclosure action and denying defendants' motion to strike the complainant's replication. The court upheld the chancellor's determinations that defendants' eva
• Hoskins v. Women's Care Fla., LLC
  Fla. 2d DCA· 2026-04-22
  A petitioner seeking certiorari relief must establish irreparable harm as a jurisdictional prerequisite; the mere incurrence of litigation expenses and the need to restart presuit notice procedures does not constitute irreparable harm warranting certiorari review.
• Rapkin v. Dep't of Fin. Servs.
  Fla. 1st DCA· 2026-04-15
  The Rapkins petitioned for a writ of certiorari against the Florida Department of Financial Services regarding an interlocutory order. The First District Court of Appeal dismissed the petition, holding that the petitioners failed to establish that the order would cause material i
• Dulcio v. Idline Etienne
  Fla. 4th DCA· 2025-03-26
  Marc Dulcio appealed orders from a circuit court in a case involving U.S. Bank Trust National Association as trustee. The Fourth District affirmed the order denying his motion to quash service of process and held that his motion to dismiss was not subject to interlocutory review.
• Jaeger v. State
  Fla. 2d DCA· 2025-02-12
  Amy Jaeger challenged two subpoenas seeking her medical records filed by the State in a criminal case involving attempted murder, armed burglary, and aggravated assault. The Florida District Court of Appeal granted her certiorari petition and quashed the subpoenas, holding that t
• Huy H. Tang and Dung D. Tran v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2025-01-08
  Review of a nonfinal administrative order denying a motion to dispense with arbitration must proceed under Rule 9.100 (petition for review of nonfinal agency action), not Rule 9.130, because Rule 9.130 applies only to nonfinal judicial orders while Rule 9.100 governs nonfinal adm
• Day v. Lawyers' Reporting, Inc.
  Fla. 4th DCA· 2023-09-13
  The appellate court affirmed the lower court's denial of a motion to dismiss for lack of personal jurisdiction. The court found the plaintiff met the burden to establish long-arm jurisdiction and sufficient minimum contacts for due process. However, the court lacked appellate jur
• Wiendl v. Wiendl
  Fla. 2d DCA· 2023-08-18
  The appellate court reversed a lower court's order allowing a former husband to pursue punitive damages in a malicious prosecution claim against his former wife. The court found the evidence insufficient to show the wife acted with intentional misconduct or gross negligence when
• Suntech Plumbing & Mech. Corp. v. Bella Isla, LLC
  Fla. 3d DCA· 2022-10-26
  The appellate court dismissed Suntech Plumbing's appeal because the trial court's order dismissing the lawsuit without prejudice and compelling arbitration was not a final or appealable nonfinal order. Suntech's claims against Civic Construction were subject to arbitration, but i
• Suntech Plumbing & Mech. Corp. v. Bella Isla, LLC
  Fla. 3d DCA· 2022-10-26
  The appellate court dismissed Suntech Plumbing's appeal because the trial court's order dismissing the lawsuit without prejudice and compelling arbitration was not a final or appealable nonfinal order. Suntech argued the dismissal was improper and that its lien claim should not h
• Britt v. IEC Corp.
  S.D. Fla.· 2022-08-16
  Former students Kareem Britt and Sharon Henry sought to challenge a federal court's order compelling them to arbitration rather than pursue their lawsuit against Florida Career College, but the court rejected both their motion for reconsideration and their motion to certify the o
• Stopa v. Cannon
  330 So. 3d 1033· Fla. 2d DCA· 2021-12-15
  The appellate court affirmed the trial court's denial of a motion to disqualify opposing counsel. The court held that the party seeking disqualification lacked standing because he had no attorney-client relationship with the opposing counsel and therefore no privity.
• V-Me Media, Inc. v. Urpi Rios
  Fla. 3d DCA· 2021-09-22
  A petitioner must demonstrate irreparable harm that cannot be remedied on direct appeal as a condition precedent to invoking a district court's certiorari jurisdiction.
• Restricted Filer - Alcocer-Roa v. United States
  S.D. Fla.· 2020-06-11
  The court affirmed the magistrate judge's denial of bond and in forma pauperis status for appeal, finding no substantial constitutional claim or extraordinary circumstances justifying release, and denied a certificate of appealability.
• Knepfle v. J & P Cycles, LLC
  M.D. Fla.· 2020-04-24
  The court denied HJC Corporation's motion for reconsideration and its alternative request for interlocutory review.
• Buckner v. The State
  9th Cir. Ct. App. Div.· 2019-12-06
  The Ninth Judicial Circuit Court, Appellate Division, dismissed a petition for writ of mandamus seeking disqualification of a trial judge in a criminal case, holding that the proper remedy is a petition for writ of prohibition filed in the Fifth District Court of Appeal, not mand
• United Servs. Auto. Ass'n v. Rey
  Fla. 2d DCA· 2019-04-24
  A petition for writ of certiorari challenging interlocutory rulings on a motion to abate and discovery orders in a bad faith claim is dismissed without prejudice, preserving the right to seek review after final judgment.
• Ancla Int'l v. Tribeca Asset Mgmt.
  Fla. 3d DCA· 2019-03-13
  Ancla International filed a premature appeal of an order titled "Proposed Order Granting Motion to Dismiss," which the trial court had not yet entered as a final dismissal. The appellate court found the appeal premature because an order merely granting a motion to dismiss is not
• See Shell v. Foulkes
  9th Cir. Ct. App. Div.· 2017-11-02
  Fitzmartin Investments appealed from a trial court order vacating a judgment and sale, but the Ninth Judicial Circuit Court lacked jurisdiction to hear the appeal as a direct appeal from a non-final order. The court also denied the appeal when construed as a petition for writ of
• Pataro v. Pataro
  224 So. 3d 824· Fla. 3d DCA· 2017-08-09
  Mario Pataro appeals a trial court order granting discovery sanctions against him and setting aside his final judgment of dissolution and marital settlement agreement. The Florida appellate court declined to review the discovery sanctions for lack of jurisdiction but reversed the
• O'Connor v. Indian River Cnty. Fire Rescue/Johns E. Co., Inc.
  197 So. 3d 156· Fla. 1st DCA· 2016-08-02
  In this workers' compensation appeal, the court affirmed an order awarding prevailing-party costs to the employer/carrier after the claimant dismissed his petition for benefits. The court held that the claimant improperly attempted to use an appeal of the costs order to challenge
• United Auto. Ins. Co. & James Baylis v. Riverside Med. Assocs., Inc.
  159 So. 3d 285· Fla. 4th DCA· 2015-03-04
  The Fourth District Court of Appeal granted certiorari review as to premature bad faith discovery requests but dismissed the petition challenging the denial of a motion to dismiss, holding that discovery related to claims handling is premature until coverage and damages are deter
• Cari McCORMACK v. Russell
  114 So. 3d 456· Fla. 4th DCA· 2013-06-05
• RBC Cap. Mkts.
  Del. Ch.· 2010-02-25
  The court held that the plaintiffs' motions for summary judgment were denied and the defendant's motions to stay were granted. The court found that the question of arbitrability is a judicial one unless the parties clearly and unmistakably agree otherwise, and that the inclusion
• Johnston v. Tampa Sports Auth.
  410 F. Supp. 2d 1143· M.D. Fla.· 2005-12-23
  The court held that the defendants did not waive their right to remove the case to federal court by participating in the state appellate process regarding a preliminary injunction.
• ALL About Cruises, Inc. v. Cruise Options, Inc.
  889 So. 2d 905· Fla. 4th DCA· 2004-12-08
  Where materials sought in discovery appear relevant to the subject matter of a pending action, including claims to pierce the corporate veil and equitable accounting, personal financial information is fully discoverable, and an order compelling such production cannot be reviewed
• Dep't OF Child. & Families v. Cooper
  819 So. 2d 1010· Fla. 1st DCA· 2002-07-01
• Hickey v. A.D.M.E.
  786 So. 2d 1206· Fla. 3d DCA· 2001-05-30
  The court held that it lacked jurisdiction to hear the appeal because the orders dismissing only one count of a multi-count complaint were not final orders.
• Liberty Mut. Ins. Co. v. Bethune-Cookman Coll., Inc.
  687 So. 2d 991· Fla. 5th DCA· 1997-02-21
  Liberty Mutual appealed an interlocutory order denying its motion for summary judgment in a coverage dispute with Bethune-Cookman College over the insurer's duty to defend and indemnify the college against claims by Allen Green Construction Company. The court dismissed the appeal
• United Mine Workers OF Am. 1974 Pension v. Pittston Co.
  984 F.2d 469· D.C. Cir.· 1993-02-02
  The court held that the 'evergreen clause' in collective bargaining agreements unambiguously obligates signatory employers to make continuing contributions to pension trusts at rates specified in successor National Bituminous Coal Wage Agreements, regardless of whether the employ
• State of Alaska v. Fed. Energy Regulatory Comm'n
  980 F.2d 761· D.C. Cir.· 1992-12-11
  The court held that it lacked jurisdiction to review the Commission's order limiting Alaska's intervention because the order was not a final agency action. Such interlocutory orders are not immediately appealable.
• Jacquelyne L. Neal v. Brown
  980 F.2d 747· D.C. Cir.· 1992-12-11
  A federal district court's denial of a motion to remand is not subject to interlocutory review by a court of appeals.