Interlocutory Review

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

• Rentclub, Inc. v. Transamerica Rental Fin. Corp.
  806 F. Supp. 259· M.D. Fla.· 1992-11-10
  The court held that a motion to amend an order disqualifying counsel to certify questions for interlocutory review under 28 U.S.C. § 1292(b) must be denied because such an order is immediately appealable as a final order under 28 U.S.C. § 1291, and the time for filing a notice of
• Cinelli v. Cutillo
  896 F.2d 650· 1st Cir.· 1990-02-23
  Detectives are not entitled to qualified immunity because a reasonable officer should have known that coercing a defendant into cooperation by disparaging his lawyer and threatening a life sentence violates clearly established constitutional rights.
• Brown v. State
  521 So. 2d 110· Fla.· 1988-02-04
  The court held that the failure to instruct the jury on the underlying felony of trafficking in cocaine was harmless error, and that the trial court's erroneous ruling that Enmund barred the death penalty did not preclude a lawful life sentence.
• State v. Henry
  491 So. 2d 1309· Fla. 4th DCA· 1986-08-06
• State OF Me. v. Herrington
  790 F.2d 8· 1st Cir.· 1986-05-01
  The court held that the states' request for review of the Department of Energy's refusal to extend a comment period was premature because the administrative action was not sufficiently final.
• Wagner v. Farmers & Merchs. State Bank OF Bloomfield
  787 F.2d 444· 8th Cir.· 1986-03-31
  The court held that the notice of appeal was timely filed and that the RICO action was without merit.
• E. Nat'l Bank v. Conover
  786 F.2d 192· 3d Cir.· 1986-03-21
  The court held that it lacks jurisdiction to review a prehearing ruling by an administrative law judge denying a motion to compel disclosure of proposed sanctions.
• City OF N. Port v. Faust
  489 So. 2d 45· Fla. 2d DCA· 1986-02-14
  The court held that it would not consider the sovereign immunity argument on interlocutory review, as the motion to dismiss on that basis should be considered after venue is transferred.
• RRI Realty Corp. v. The Inc. Vill. OF Southampton
  766 F.2d 63· 2d Cir.· 1985-06-24
  The court held that an order denying a motion to abstain is not a final decision appealable under 28 U.S.C. § 1291, nor does it fit the collateral order exception.
• LaBARCA v. RCA Serv. Co.
  438 So. 2d 885· Fla. 4th DCA· 1983-09-14
  LaBarca, a motel owner, appeals an interlocutory order denying his motion to vacate a default judgment entered after he failed to respond to a replevin suit filed by RCA Service Company. The court affirmed, finding no abuse of discretion where LaBarca failed to support his excuse
• United States v. Hollywood Motor CAR Co., Inc.
  682 F.2d 1352· 9th Cir.· 1982-08-03
  Courts of appeals lack jurisdiction under 28 U.S.C. § 1291 to review interlocutory orders denying motions to dismiss based on vindictive prosecution.
• Gulf & W. Indus., Inc. v. The United States
  671 F.2d 1322· Ct. Cl.· 1982-02-24
  A trial judge cannot order a remand for a trial de novo; only the full court has that authority. Ex parte communications by a Board member that create an appearance of impropriety require vacating the Board's decision.
• Ind. Manufactured Hous. Ass'n Inc. v. Fed. Trade Comm'n
  641 F.2d 481· 7th Cir.· 1981-02-11
  The court held that the appellants failed to exhaust administrative remedies and that judicial review was premature.
• Clark v. Stobie Inman
  379 So. 2d 172· Fla. 4th DCA· 1980-01-23
  The Florida District Court of Appeal reviewed an interlocutory order denying a tax collector's motion to limit service of pleadings in a case involving 390 delinquent taxpayers. The court granted certiorari and quashed the denial, holding that the burden of serving hundreds of de
• Ford Motor Co. v. Edwards
  363 So. 2d 867· Fla. 1st DCA· 1978-11-03
  Ford Motor Company petitioned for review of an interlocutory order requiring it to produce discovery documents at its own expense for copying costs, while denying Ford's request for reimbursement of location, gathering, examination, and transportation costs. The Florida District
• Johnston v. Gen. Motors Corp.
  45 Fla. Supp. 140· Fla. Cir. Ct.· 1977-04-06
  The court ruled that a blood alcohol test taken from a deceased accident victim was admissible as evidence and not privileged under Florida statute, as the test was obtained during a separate homicide investigation by the Medical Examiner and Highway Patrol, not solely as part of
• In re THE Florida BAR
  326 So. 2d 7· Fla.· 1975-07-09
  The Florida Supreme Court granted The Florida Bar's petition to amend Article XVI of the Integration Rule concerning unauthorized practice of law. The amended rule established a comprehensive framework for investigating and prosecuting unauthorized practice of law through circuit
• In re Mar. Serv. Corp.
  515 F.2d 91· 1st Cir.· 1975-05-13
  The court denied the petition for a writ of mandamus, finding that the petitioner had not met the high burden required for such an extraordinary remedy and had adequate alternative means of review.
• Am. Beef Packers, Inc. v. United States Dep't of Agric.
  486 F.2d 1048· 8th Cir.· 1973-11-05
  The court held that interlocutory orders concerning procedural matters are generally not reviewable.
• Application of Anchor Mobile Home Movers, Inc.
  34 Fla. Supp. 123· Fla. P.S.C.· 1969-12-18
  The Florida Public Service Commission granted Anchor Mobile Home Movers, Inc. a certificate of public convenience and necessity to transport mobile homes in a 19-county area of peninsular Florida, finding that existing carriers had failed to provide consistent, timely service and
• Local Union NO. 1101, Laborers Int'l Union OF N. Am., AFL-CIO v. Davis
  213 So. 2d 890· Fla. 1st DCA· 1968-09-17
  A Florida appellate court reversed a temporary injunction against peaceful picketing by a labor union at a construction site, holding that the National Labor Relations Board has exclusive federal jurisdiction over the labor dispute and that state courts cannot enjoin peaceful pic
• Devlin v. Rosman
  205 So. 2d 346· Fla. 3d DCA· 1967-12-27
  The Florida District Court of Appeal quashed an interlocutory order that compelled plaintiff's counsel to consent to defendants' ex parte conference with a hospital pathologist. The court held that a trial court cannot force plaintiffs to consent to bypassing a hospital rule that
• Vanstone v. Whitelaw
  196 So. 2d 425· Fla.· 1967-02-22
  The Florida Supreme Court affirmed the denial of a motion for summary judgment in a nuisance abatement action involving nonresident defendants and real property located in Florida. The defendants challenged the exercise of in personam jurisdiction through constructive service of
• Emory G. Rich v. Harper Neon Co.
  124 So. 2d 750· Fla. 2d DCA· 1960-11-23
  In an eminent domain proceeding, the court reviewed whether a jury should apportion damages between a property owner and tenant, or whether the jury should determine total damages with the court later apportioning among claimants. The court granted certiorari and held that Florid
• Lilli ANN Corp. v. Wilck
  79 So. 2d 677· Fla.· 1955-04-13
  Lilli Ann Corp. sought to compel discovery of the source of garments sold under its trademarks in a trademark infringement action. The Florida Supreme Court held that the trial court abused its discretion by deferring a ruling on the discovery objection until final hearing, and q
• Gaines Dry Cleaners, Inc. v. City of Chicago
  123 F.2d 104· 7th Cir.· 1941-10-22
  The court held that the district court did not abuse its discretion in denying a temporary injunction against municipal officials.
• Mediterranean Corp. v. Spirros Pappas
  116 Fla. 509· Fla.· 1934-09-13
  The Florida Supreme Court vacated an interlocutory order that struck portions of a complainant's amended bill of complaint and denied a final decree. The court remanded the case, adopting the reasoning from a companion case to guide further proceedings.