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Partial Resolution + Execution = Departure from the Essential Requirements of the Law

Sharon Degnan and Sebastian Mejia recently received a favorable ruling in Mohler v. Elliott, No. 2D21-2276 (Fla. 2d DCA Jan. 14, 2022). In Mohler, the Second District Court of Appeal granted a petition for writ of certiorari and quashed a partial final summary judgment, which awarded the plaintiff a portion of her medical bills before trial and permitted execution on the judgment.  In granting certiorari review, the appellate court rejected the plaintiff’s argument that the judgment was an appealable non-final partial judgment and concluded that all of the plaintiff’s damages remained in dispute, even those erroneously awarded in the partial final summary judgment.  Additionally, the appellate court concluded that it is a departure from the essential requirements of law for a trial court to enter an order resolving only part of a civil lawsuit by requiring a party to make an interim payment while leaving intertwined factual matters unresolved. Full opinion here.

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