Navigating the Differences in Circuit Court Appellate Jurisdiction for Nonfinal Orders

This article talks about the differences in jurisdiction between district courts, Florida Supreme Court, and circuit courts, especially when it comes to reviewing non-final orders from county courts. It’s important for attorneys to understand these differences when seeking review of decisions. The District Courts of Appeal and Circuit Courts have the power to review decisions made by lower trial courts. The district courts of appeal can review final judgments and orders from trial courts, and can issue certain types of legal orders. The circuit courts can also review appeals from county courts, with a few exceptions. Non-final orders can be appealed in the district courts of appeal according to the Florida Rules of Appellate Procedure. If an order is not listed in the rule, a party can seek review through an extraordinary writ. The circuit court also has jurisdiction to hear appeals of non-final orders in criminal cases. However, there is confusion over whether the circuit court has jurisdiction to hear appeals of non-final orders in county court. Some courts believe the circuit court has jurisdiction for all non-final orders, while others believe the jurisdiction is limited. This issue has not been resolved and there is no middle ground. The Fourth District Court of Appeal and the circuit courts had different interpretations of a law called 26.012, which determines when a court can review non-final orders. The Fourth District Court of Appeal said that the circuit court can’t review non-final orders, but the circuit courts disagreed. One circuit court found that it could review a temporary injunction, saying that the law didn’t specifically say it couldn’t. This shows that different courts can have different opinions on how to interpret the law. In the case Broomfield v. American General Financial Services, Inc., the 20th Circuit Court held that it had the authority to review a non-final order from the county court that compelled arbitration. The court found that the law gives circuit courts broad authority to review non-final orders, even though there are different standards for review in different courts. This means that litigants may have different rights depending on where their case started. In Florida, there’s a problem with the rules for appealing court decisions. It’s tricky to appeal certain types of decisions made in small claims and county courts. This means that some important decisions can’t be reviewed by higher courts, which could impact the outcome of a case. Some courts are stricter about this rule than others. The state’s constitution gives the Supreme Court the power to make rules about appeals, but it’s up to the legislature to fix this problem. For now, it’s best to assume that it’s hard to appeal decisions made in county courts unless there are exceptional circumstances. Article 5, 5(b) gives the circuit courts the authority to hear cases that the county courts cannot, and to hear appeals as allowed by law. They can also issue certain legal orders and have the power to review government actions. The circuit court’s authority is the same everywhere in the state. This is outlined in Florida Statute 26.012. This rule is about the types of orders that can be appealed in court before the final decision is made. It covers things like injunctions, family law matters, property disputes, and other specific legal issues. It also explains the rules for appealing non-final orders in criminal cases. These are citations and references to laws and court cases in Florida. They’re used by lawyers to support their arguments in court. They show how the law and court rules interact with each other. It’s important for lawyers to understand these rules when they’re appealing a court decision. This information was provided by a lawyer who is a member of The Florida Bar’s Appellate Practice Section. Make sure all lawyers follow the rules and serve the public, improve how the law is used, and learn more about the law.

Source: https://www.floridabar.org/the-florida-bar-journal/navigating-the-differences-in-circuit-court-appellate-jurisdiction-for-nonfinal-orders/