METROPOLITAN DADE COUNTY, PETITIONER,
v.
GREGORY GREEN, ET AL., RESPONDENTS

Fla. | 1992-04-09
No. 78091
SHAW, C.J., and OVERTON, MCDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
596 So. 2d 458 Florida Supreme Court (1992) Caution
Cited by 20 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court held that appellate jurisdiction under Rule 9.130(a)(3)(C)(iv) permits interlocutory appeals of jury verdicts determining liability, even before damages are resolved, rejecting the Third District's contrary interpretation that such appeals were limited to non-jury determinations.


Holding

Yes. The plain language of Rule 9.130(a)(3)(C)(iv) authorizes interlocutory appeals of jury verdicts determining liability, regardless of whether the verdict has been reduced to a specific dollar amount or whether the determination was made by jury or non-jury proceedings.


Headnotes

[1] Appellate jurisdiction under Rule 9.130(a)(3)(C)(iv) authorizes review of a jury verdict determining liability in favor of a claimant seeking affirmative relief.

[2] The plain language of Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) applies to any determination of liability, not solely those made without a jury trial.

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Key Quotes

“Under the rules of procedure, interlocutory appeals can be taken from orders that 'determine ... the issue of liability in favor of a party seeking affirmative relief.'”

Establishes the plain language of the procedural rule permitting interlocutory appeals.

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Facts & Procedural History

A traffic accident involving a church bus with approximately twenty passengers resulted in one death. Multiple claims were consolidated and tried with…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review Metropolitan Dade County v. Green, 579 So. 2d 277 (Fla. 3d DCA 1991), which certified the following question of great public importance:

Does appellate jurisdiction under Rule 9.130(a)(3)(C)(iv) authorize review of a jury verdict determining liability in favor of a claimant seeking affirmative relief?

Id. at 277-78. We have jurisdiction. Art. Y, § 3(b)(4), Fla. Const. The litigation below arose from a traffic accident involving a church bus that contained some twenty passengers, one of whom was killed. Various claims were consolidated into a single trial, and the trial court ordered bifurcated proceedings. The first proceeding would be a trial on liability alone, and the second would deal with damages. At the close of the first proceeding, the jury found defendants liable. Various motions to defeat the verdict were denied, and defendants appealed. The district court dismissed the appeal on grounds that the issues were not appealable until the question of damages was resolved. Green, 579 So. 2d at 277.

Under the rules of procedure, interlocutory appeals can be taken from orders that “determine ... the issue of liability in favor of a party seeking affirmative relief.” Fla.R.App.P. 9.130(a)(3)(C)(iv) (emphasis added). We thus need only ask whether an issue of liability was determined here. The general rule of construction is that words not expressly defined are given their plain and ordinary meaning. Tatzel v. State, 356 So. 2d 787 (Fla.1978). As previously recognized, the term “liability” means an obligation, whether or not it has ripened into a debt. Waters’ Dictionary of Florida Law 389 (1991) (citing Brogan v. Ferguson, 101 Fla. 1306, 131 So. 171 (1930)). This obviously includes a jury determination of liability not yet reduced to a dollar sum. Accordingly, the jury’s verdict here meets the plain language of the rule of procedure, because it has determined an issue of liability. Once a proper motion to defeat that verdict has been made and denied, an appeal can be taken.

We are mindful of the contrary position espoused in Dauer v. Freed, 444 So. 2d 1012, 1016-18 (Fla. 3d DCA 1984). There, the Third District concluded that the rule’s language actually is referring only to orders entered without a jury trial. A concurrence in that opinion noted that the rule contemplates an expedited and more summary form of appellate review. Time limitations are shorter, and the full record below need not be submitted on appeal. Thus, interlocutory appeals should be confined to those matters that genuinely can be resolved expeditiously. Id. at 1016-19.

However, the rule itself applies to any determination of “liability,” not merely those made without a jury trial. Moreover, the shorter time limitations for interlocutory appeals do not necessarily imply expedited review in every case. The appellate court has complete discretion to devote whatever resources are necessary to resolve the issues at hand once it obtains jurisdiction of the cause. Likewise, we find it difficult to believe that the parties in a complex case would not submit the full record; and even if they did not, the appellate court has jurisdiction to order up the record whenever necessary.

Nor do we see a countervailing argument resting on judicial economy. If interlocutory appeals of this type are not allowed, then judicial resources will be wasted in those cases in which the liability phase was flawed, since the proceeding on damages would be rendered pointless. If interlocutory appeals are allowed, however, then we risk encouraging two separate appeals arising from a single case. At worst, the disadvantages of these two methods balance each other out. Thus, we will enforce the plain language of the rule and allow the interlocutory appeal.

The opinion under review is quashed and Dauer is disapproved to the extent it conflicts with the views expressed above. We also disapprove Ballard v. Hopkins, 142 So. 2d 738 (Fla. 2d DCA 1962), to the extent it may be construed as inconsistent with the views above.

It is so ordered.

SHAW, C.J., and OVERTON, MCDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.


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Citator

Cited By

  • Hialeah Hotel, Inc. v. Woods, 778 So. 2d 314 (Fla. 3d DCA 2000)
    …case. See Fla. R.App. P. 9.130(g). We reject this argument as well. Under the current version of Rule 9.130,5 there is a right of non-final appeal after a jury verdict on liability in a bifurcated proceeding. See Metropolitan Dade County v. Green, 596 So. 2d 458 (Fla.1992). Ramada has a right to appeal at this time. The fact that it can appeal later is not a satisfactory remedy where the rules allow an appeal at this time and the right to appeal was frustrated for lack of proper notice. IV. Having treated…
  • Miami Columbus, Inc. v. Zahid A. Ramlawi, 687 So. 2d 1378 (Fla. 3d DCA 1997)
    …e of liability as most of, if not all of, the remainder of the case hinges on that existence. That is all that is required to activate our jurisdiction under Florida Rules of Appellate Procedure 9.130(a)(3)(C)(iv); Metropolitan Dáde County v. Green, 596 So. 2d 458 (Fla.1992). At a minimum we should review the correctness of that determination. As the supreme court said in Metropolitan Dade County v. Green: “If interlocutory appeals of this type are not allowed, then judicial resources will be wasted in tho…
    1 / 2
  • …oi-der will hold up on plenary appeal. Florida Leisure has pointed out that the Florida Supreme Court has authorized interlocutory appeals in civil cases where the issues of liability and damages were bifurcated. Metropolitan Dade County v. Green, 596 So. 2d 458 (Fla.1992). The high court, however, did so based upon its interpretation of the appellate rule governing appeals of non-final orders in civil cases. See Fla. R.App.P. 9.130(a)(3)(C)(iv). Non-final administrative orders are not reviewable under that…

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