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It Ain’t Over Till It’s Over: Second District Holds Defendant Not Required to Begin Paying Damages Until Final, Appealable Order Issued By Trial Court

Thanks to Sharon Degnan and Sebastian C. Mejia of our Orlando office, the Second District Court of Appeal quashed a trial court’s order granting partial final summary judgment that required our client to make an interim payment to the plaintiff despite the fact that unresolved factual matters remained in dispute.  In Mohler v. Elliott, 332 So. 3d 1120 (Fla. 2d DCA 2022), the defendant disputed the reasonableness of all of the plaintiff’s medical bills.  Nonetheless, the trial court entered a partial final summary judgment in favor of the plaintiff, awarding damages and permitting execution (i.e., payment of those damages) on certain medical bills, but left the reasonableness of the remaining medical bills for the jury to decide.  The defendant filed a writ of certiorari and, upon review, the Second District reversed, holding that it is well-established under Florida law that it is legally prohibited to allow execution on the judgment prior to the entry of a final, appealable order.

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