Appeals From Non-Final Orders: What Can Be Appealed, When and How

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.

Time for Appealing a Non-Final Order.

Where the Appeal Needs to Be Filed and What a Notice of Appeal Looks Like.

The Main Ways that a Non-Final Appeal Is Different From a Final Appeal.

Special Issues for Non-Final Appeals in Criminal Cases.

Special Issues for Non-Final Appeals in Juvenile Delinquency Cases

Special Issues for Non-Final Appeals in Workers’ Compensation Cases.

  1. jurisdiction (the court’s ability to hear the case);
  2. venue (the county where the case is heard); or
  3. compensability, provided that the order expressly finds an injury occurred within the scope and course of employment and that the claimant is entitled to receive causally related benefits in some amount, and provided further that the lower tribunal certifies in the order that determination of the exact nature and amount of benefits due to the claimant will require substantial expense and time. See Florida Rule of Appellate Procedure 9.180(b)(1).

The procedures in non-final workers’ compensation appeals differ from civil non-final appeals in several important ways. The notice of appeal, already outlined above, must also include a brief summary of the types of benefits affected by the order. It must also include a statement setting forth the time frames involved. Such a statement could be, for example: “I hereby certify that this appeal affects only the following periods and classifications of benefits and medical treatment,” followed by a list of the benefits and time periods involved in the appeal. Such benefits may be withheld pending the outcome of the appeal. Within 15 days after filing the notice of appeal, the appellant must file the initial brief with the court, and serve a copy on each of the other parties. The brief must be accompanied by an appendix that contains the order to be reviewed, along with any other documents or transcripts which were filed in the lower tribunal and which would be helpful to the appellate court in understanding the case on appeal. See also Chapter 17, Workers’ Compensation Appeals; Chapter 3, Pulling Together the Record on Appeal.

Special Issues for Non-Final Appeals in Administrative Law Cases.

CHAPTER 9

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