Most appeals are taken after a final judgment ends the case. But some orders entered while a case is still ongoing cause harm that should not have to wait until the end of the litigation to be reviewed. For a defined set of these interlocutory orders, Florida law allows an immediate appeal, a non-final appeal. Knowing whether an order qualifies is a threshold question that can determine whether review is available now or only much later. For the broader picture, see our overview of the Florida appellate process.
The General Rule: Wait for a Final Judgment
Florida, like most jurisdictions, generally disfavors piecemeal appeals. The default rule is that a party must wait for a final judgment (an order that ends the case) before appealing, so that all issues can be reviewed together. Non-final appeals are a limited exception to that rule, available only for the specific categories of orders the rules identify.
Rule 9.130 and the Categories of Appealable Non-Final Orders
Florida Rule of Appellate Procedure 9.130 lists the non-final orders that may be appealed immediately. While the rule should always be consulted for its precise and current terms, the categories of immediately appealable non-final orders generally include orders that:
- concern venue;
- grant, deny, modify, or dissolve injunctions;
- determine the jurisdiction of the person;
- determine the right to immediate possession of property, including orders concerning the right to immediate monetary relief in certain family law matters;
- determine entitlement to arbitration, or whether a party must submit to arbitration;
- determine that a party is or is not entitled to immunity, or that a defendant is or is not entitled to certain protections from suit;
- determine that a class should or should not be certified; and
- determine certain issues in family law matters, such as the right to timesharing or the parties' entitlement to immediate possession.
This is a general summary, not an exhaustive recitation of the rule, and Rule 9.130 has been amended over time. Whether a particular order falls within one of its categories is a precise legal question that should be analyzed against the current text of the rule.
The Same 30-Day Deadline Applies
A non-final appeal under Rule 9.130 is started by filing a notice of appeal within 30 days of rendition of the order, the same jurisdictional deadline that applies to final appeals. The deadline cannot be extended once it passes. Because non-final orders are entered in the middle of active litigation, the 30-day window can be easy to overlook, which makes prompt attention especially important.
When an Order Is Not Appealable Under Rule 9.130
If an order is harmful but does not fall within Rule 9.130, that does not necessarily mean there is no path to review. Two alternatives may apply:
- Certiorari. A petition for writ of certiorari may provide review of an interlocutory order that departs from the essential requirements of law and causes harm that cannot be remedied on appeal from a final judgment.
- Appeal after final judgment. Many non-final orders can be challenged in a later appeal from the final judgment, once the case is over.
Choosing among an immediate non-final appeal, a certiorari petition, or waiting for final judgment is a strategic decision with lasting consequences, because the wrong choice can forfeit review or waste resources.
