What if I Want to Appeal a Decision Before the Case is Decided?

What if I Want to Appeal a Decision Before the Case is Decided?

During the course of any trial, a trial court may make several to hundreds of rulings on motions by its orders as the case works its way toward trial. These are called interlocutory orders. Particularly, with “messy” domestic cases, there could be dozens to a hundred or more orders issued prior to the final order on all issues, depending on how litigious the parties are during the litigation. This blog analyzes the two types of interlocutory appeals. 

Interlocutory orders and ordinarily not appealable unless it is an interlocutory order that can be appealed as a matter of right or certified order for appeal. Presupposing you have a viable interlocutory appeal (your attorney may not handle appeals, including interlocutory appeals), you will have to also retain appellate counsel.  

As with appeals from final orders, interlocutory appeals ordinarily have to be brought within thirty days of issuance by the court. Interlocutory appeals as a matter of right are as follows: 

  • For the payment of money; 
  • To compel the execution of any document; 
  • To compel the delivery or assignment of any securities, evidence of debt, documents or things in action; 
  • For the sale or delivery or possession of real property; 
  • Granting or refusing to grant, dissolving, or refusing to dissolve a preliminary injunction; 
  • Appointing or refusing to appoint a receiver, or revoking or refusing to revoke the appointment of a receiver; 
  • For a writ of habeas corpus not otherwise authorized to be taken directly to the Supreme Court; 
  • Transferring or refusing to transfer a case under Trial Rule 75; and  
  • Issued by Administrative Agency that by statute is expressly required to be appealed as a mandatory interlocutory appeal. 

Discretionary interlocutory appeals involve a two-step process. First, trial counsel must file a motion to certify an interlocutory order. The trial court has total discretion to grant an interlocutory appeal. If granted, the Court of Appeals in its discretion may, upon motion made, accept the jurisdiction of the interlocutory appeal.  

A classic example of a case where a trial court may certify an interlocutory order for appeal and the trial court may grant same is denial of a motion to suppress evidence in a criminal case. If granted, the case would not move forward in many cases. Thus, it is an effective use of judicial resources to grant, and for the Court of Appeals to decide, certain interlocutory orders.  

While rare in domestic litigation, there may be call for an interlocutory appeal as a matter of right or request to the trial court to certify and order for interlocutory appeal. This is but one of dozens of tools the skilled domestic counsel has in his or her legal toolbox. This blog was written by Ciyou & Associates who handle interlocutory appeals as a matter of right and discretionary interlocutory appeals. This blog is written for general educational purposes. It is not intended as to be relied upon for any legal matter or issues. The blog is not intended as legal advice. It is an advertisement.


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