Determining whether you can appeal an order is a very confusing and complex process. An experienced appellate attorney can assist you with such.
As an appellate attorney with over 14 years of experience, I have had the opportunity to deal with many appeals and I am constantly asked by clients and trial attorneys whether the order is appealable. I have filed many motions to dismiss appeals and won because the other side has failed to properly determine the appellate court’s jurisdiction. I have also defeated motions to dismiss appeals because of my vast understanding of this complex issue.
I have seen trial attorneys make fatal mistakes with regards to appellate jurisdiction. Here is an example of one of those mistakes. The trial court has entered a non-final order. This non-final order is one of the non-final orders that are appealable under Fla. R. App. P. 9.130. The trial attorney files a motion for reconsideration of the non-final order. The trial attorney does not file an appeal of the non-final order within 30 days, but rather waits for the motion for reconsideration to be ruled on. The lower tribunal then denies the motion for reconsideration and the trial attorney then files an appeal of the non-final order under Fla. R. App. P. 9.130.
But now the appeal is untimely. Unlike a motion for rehearing of a final order, “[a] motion for reconsideration does not toll the time for filing an appeal from a non-final order reviewable pursuant to Fla. R. App. P. 9.130.” Avael Law Firm, PLLC v. Sechrist,347 So. 3d 424 (Fla. 3rd DCA 2022); Lopez v. Lopez, 190 So. 3d 117 (Fla. 4th DCA 2015). Since more than 30 days has passed since the non-final order was filed, the appellate court no longer has jurisdiction to review the non-final order on appeal under Fla. R. App. P. 9.130. The attorney has lost the client’s right to appeal the non-final order under Fla. R. App. P. 9.130. Rather the client will now have to wait for a final order to be rendered in this case, whenever that may be, and then seek to appeal it before any issues as to this order can be reviewed on appeal. Don’t make this mistake.
Bring in an experienced appellate attorney to help you navigate the complexities of appellate jurisdiction. Even before filing the appeal, it is important to have an appellate attorney involved.