Appeals usually occur after a final judgment, but Florida law allows review of certain rulings before a case ends. Interlocutory review gives you a way to challenge specific nonfinal orders that could affect the direction of your case. This option applies only in defined situations and follows strict procedural rules.
What interlocutory review means in Florida
Interlocutory review allows an appellate court to examine a nonfinal order entered while the trial court case remains pending. Florida limits this type of review to prevent unnecessary delays, so only orders listed in the Florida Rules of Appellate Procedure qualify. If an order does not fall within those categories, review must usually wait until a final judgment.
Common orders eligible for interlocutory review
Florida Rule of Appellate Procedure 9.130 identifies nonfinal orders that allow immediate review, including orders related to jurisdiction, venue, injunctions, and the right to immediate possession of property, as well as certain immunity rulings. Most discovery orders do not qualify, but review may be available when an order requires disclosure of privileged information because the harm cannot be corrected later.
How certiorari review differs from nonfinal appeals
When no direct nonfinal appeal exists, some interlocutory challenges proceed through certiorari. Certiorari applies only when an order departs from the essential requirements of law and causes material harm that cannot be remedied on appeal after final judgment. Courts apply this standard narrowly and grant certiorari sparingly.
Why timing and procedure matter
Strict deadlines apply to interlocutory review, and most nonfinal appeals must be filed within 30 days of the order. Missing that deadline usually ends the opportunity for appellate review. Appellate courts also require compliance with detailed briefing and formatting rules, even at this early stage of a case.
Interlocutory review can shape how a case proceeds by resolving legal issues that affect trial strategy or case scope. A successful review may limit claims, clarify legal standards, or pause proceedings while the appellate court considers the issue. Florida law allows this review only in limited situations, but it can significantly influence the course of litigation when available.