Emergency Banner

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.

Share Now:

Subscribe to our Newsletter

Recent Posts

Motion for Summary Judgment Victory in National Supermarket Slip-and-Fall Case
Charles Kondla, of our Miami office, obtained a Final Summary Judgment in a premises liability action involving a national supermarket chain. The motion...
Congratulations to Our Newest ABOTA Members!
Congratulations to Jason Friedman, of our Ft. Lauderdale office, and David Drahos, of our West Palm Beach office, on becoming members of the American Board...
KD Sponsors the 37th Annual BCHBA Scholarship Awards & Installation Gala
KD was proud to sponsor the Broward County Hispanic Bar Association’s 37th Annual Scholarship Awards & Installation Gala, where Sha-Mekeyia Davis,...

Only PDF, JPG or GIF can be uploaded.

Search Results Will Show Here

Subscribe To Our Newsletter