Appellate Review and Florida Rules of Judicial Administration

Question 1

Interlocutory Orders - can you get reviewed before final judgment?

Answer 1

Generally, NO. In general, IOs (or order made during the trial) cannot be reviewed before final jdugment
An order that does not end a case

Question 2

Types of Interlocutory Orders that CAN be appealed immediately:

Answer 2

Order involving venue
Order relating to the certification of a class
Order granting or denying an injunction

Question 3

Petition for Certiorari

Answer 3

allows the appellate court to review the trial court’s ruling when there is no direct right of appeal

Question 4

Certiorari

Answer 4

A common law writ that gives appellate courts supervisory power over lower courts.
ONLY available in the ABSENCE of direct appellate remedy.

Question 5

A Mtn to Disqualify just:

Answer 5

be in writing and verified (notarized)

Question 6

The judge against whom an initial Mtn to Disqualify is filed is ONLY permitted to rule on:

Answer 6

the legal sufficiency of the mtn and may NOT rule on the facts alleged

Question 7

For a legally sufficient mtn (Mtn to Disqualify), the judge SHALL:

Answer 7

immediately enter an order granting disqualification and do nothing else (proceed no further in the action)

Question 8

After Mtn for Disqualification, a successor judge may:

Answer 8

Reconsider the factual or legal rulings of a prior-disqualified judge.
^^can do this on a MOTION for reconsideration. Need a motion.

Question 9

Signature requirement for pleadings

The signature certifies that:

Answer 9

1. the atty has read the document
2. to the best of the atty’s knowledge, the info in the doc is supported by good facts and law
3. the doc’s purpose is NOT to delay the proceedings
4. AND the doc contains no confidential or sensitive info or that any such confidential or sensitive info has been properly protected

Question 10

Signature requirement for pleadings

Answer 10

EVERY pleading and OTHER PAPER of a party represented by an atty MUST be signed by at least one atty of record

Question 11

An atty’s appearance for a party in a proceeding shall only terminate: (3 circumstances)

Answer 11

1. by order of court, upon a mtn and hearing
2. by order of court, upon substitution of counsel
3. AUTOMATICALLY, upon termination of proceeding AND al time for post-trial motions. When nothing else can be done in a case, including an appeal

Question 12

Public Access to Judicial Records - general rule

Answer 12

They’re open to the public

Question 13

Public Access to Judicial Records - exceptions

Answer 13

1. records related to judicial decision making (judge’s own notes)
2. records that relate to court adminstration

Question 14

Is a second-cousin relationship between a judge and one of the parties to a case enough to disqualify the judge?

Answer 14

Not on those grounds alone. Need something else.

Question 15

Grounds for disqualification of a judge:

Answer 15

1. judge’s specific prejudice or bias
2. the judge or a close relation being a party to or interested in the case
3. the judge being a close relation to an attorney of record in the cause
4. OR the presiding judge being a material witness