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WHEN IT COUNTS: TAKING AN IMMEDIATE APPEAL OF AN ORDER REGARDING IMMEDIATE POSSESSION OF PROPERTY

What Can You Do Now, When it Counts the Most?
by Stacy J. Ford

This is the third in a series of articles brought to you by members of the OCBA's Appellate Practice Committee regarding appeals of interlocutory orders under Florida Rule of Appellate Procedure 9.130(a) (3). This installation regards item (C) (ii) of that Rule, which permits an interlocutory appeal of a non-final order determining "the right to immediate possession of property." Given that this provision regards immediate possession of property, any situation in which it may apply is sure to be significant to your client, who likely cares very little about rules of appellate procedure but a great deal about whether he or his opponent has possession of the property at issue during the balance of the litigation. More.....

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