Hare v. McLaughlin
The Fourth District dismissed for lack of jurisdiction an appeal from a partial final judgment on two of five counts because interdependent claims remained unresolved under Rule 9.110(k). Treating the accompanying request to stay execution as a petition for certiorari, the court held the trial court departed from the essential requirements of law by permitting execution and discovery in aid of execution on a non-final, non-appealable partial summary judgment, and quashed the execution provisions, the writ of garnishment, and the order compelling a fact information sheet.
Key facts
- Plaintiff Hare obtained a partial summary judgment against defendant McLaughlin on two of five counts, with three interdependent counts remaining unresolved in the trial court.
- McLaughlin appealed the partial judgment and, when the Fourth District dismissed for lack of jurisdiction, filed a request to stay execution and discovery efforts on the incomplete judgment.
- +2 more key facts with a free trial
Why it matters
Useful authority for judgment debtors facing premature collection efforts on partial judgments: it confirms that while the partial judgment itself is not appealable when interdependent counts remain, certiorari lies to… — full analysis with a trial
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