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ITEM 9A | INTRODUCTION

Some orders can be appealed before final judgment, and a person does not always have to wait for a final order or for the case to be over to appeal. That is, in certain situations, appeals of “non-final” orders may be allowed. The kinds of non-final orders that can be appealed immediately depend on the type of case and the type of order. The non-final orders that can be appealed are limited to those listed and described in Florida Rule of Appellate Procedure 9.130.

They include orders that:
1. concern venue (i.e., the county or location of the lawsuit);

2. grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunctions;

3. determine the jurisdiction of the person (i.e., whether the court has authority over the parties);

4. determine the right to immediate possession of property;

5. determine, in family law matters:
a) the right to immediate monetary relief,
b) rights or duties regarding child custody or time-sharing in a parenting plan, or
c) that a marital agreement in invalid in its entirety;
6. determine whether a party is entitled to arbitration, or to an appraisal under an insurance policy;

7. determine that, as a matter of law, a party is not entitled to workers' compensation immunity from the lawsuit;

8. determine whether or not to certify a class (i.e., as in a class action lawsuit);

9. determine that, as a matter of law, a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law;

10. determine that a governmental entity has taken action that has inordinately burdened real property under the Bert Harris Property Rights Protection Act, found in section 70.001, Florida Statutes;

11. determine the issue of forum non conveniens (inconvenient forum or location for the lawsuit);

12. determine that, as a matter of law, a party is not entitled to sovereign immunity; or

13. grant or deny the appointment of a receiver, and terminate or refuse to terminate a receivership.
Generally, a district court of appeal does not have jurisdiction over, and cannot review, any non-final orders that are not listed in rule 9.130. It should be noted that orders disposing of motions that suspend rendition of a final order are not reviewable separately from a review of the final order, provided that orders granting motions for new trial in jury and non-jury cases are reviewable by the same method as for a final appeal.
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 9A 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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