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ITEM 8C | THE FINAL JUDGMENT RULE

A “final” judgment or order is a written order entered by a trial court (or “lower tribunal”) which ends the case and leaves nothing left to be done except to follow what the final judgment or order requires the parties to do. In contrast, a “non-final” order does not end the case and usually cannot be appealed right away. For example, if the trial court rules against a party on an issue or motion before trial or at trial, the party normally has to wait, and often cannot appeal, until the trial is over and the court has entered a final judgment. After that, the party normally has a right to bring an appeal to challenge the final judgment, and, in the appeal from the final judgment, the party usually can also challenge any ruling or non-final order entered before the final judgment. So, with some exceptions, appeals generally can only be brought from a final judgment. This is called the "final judgment rule." Some of the exceptions to the final judgment rule are covered in other Chapters of this Handbook, such as Chapter 9 on Appeals from Non-Final Orders, and Chapter 10, Extraordinary Writs.

The final judgment rule is very important because an appeal has deadlines and time limits that must be followed. For example, there is a time limit for filing an appeal, and a party who fails to file an appeal within that time limit may lose or “waive” the right to appeal. Thus, one of the important reasons to consult or retain an appellate attorney, if one is available, is to find out whether a specific order can be appealed, and, if so, whether the appeal has to be filed right away.
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 8C from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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