Kratos Holdings, LLC v. Direct Investments International, LLC
The trial court granted partial summary judgment on one count of a multi-count settlement-enforcement suit and entered an "Executable Money Judgment" permitting immediate execution while expressly retaining jurisdiction over the remaining counts. The Third DCA granted certiorari and quashed the portion of the partial summary judgment authorizing immediate execution, holding that authorizing execution while intertwined factual matters remain unresolved is irreparable harm and a departure from the essential requirements of law.
Key facts
- Kratos Holdings, LLC sued Direct Investments International, LLC on multiple counts arising from a dispute over enforcement of a settlement agreement between the parties.
- The trial court granted partial summary judgment on one count and entered an 'Executable Money Judgment' authorizing immediate execution while expressly retaining jurisdiction over the remaining counts.
- +2 more key facts with a free trial
Why it matters
Practitioners facing a partial summary judgment styled as an immediately executable money judgment should seek certiorari rather than attempting a non-final appeal, since the order is not final where the court retains… — full analysis with a trial
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