MARION WILSON, APPELLANT,
v.
JACKSONVILLE EXPRESSWAY AUTHORITY, A CORPORATE AGENCY OF THE STATE OF FLORIDA, ET AL., APPELLEES
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This case involves an interlocutory appeal concerning orders in condemnation proceedings. The court dismissed the appeal because interlocutory appeals are generally not permitted in actions at law, and condemnation proceedings are considered actions at law.
No, interlocutory appeals are not available in actions at law, except for orders relating to venue or jurisdiction over the person. The orders in this condemnation proceeding do not fall within these exceptions.
“Interlocutory appeals are not available in actions at law except in respect to orders relating to venue or jurisdiction over the person.”
This quote establishes the general rule regarding interlocutory appeals in actions at law.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought an interlocutory appeal of two orders: one related to the taking of property in a condemnation proceeding and another denying mot…
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Appellee has filed a motion to quash an interlocutory appeal seeking to review (1) an order of taking entered pursuant to Chapter 74, Florida Statutes, F.S.A., in a proceeding ancillary to condemnation proceedings, and (2) an order in the condemnation proceedings denying certain motions and objections interposed by appellant. The motion to quash is treated as a motion to dismiss the appeal.
Interlocutory appeals are not available in actions at law except in respect to orders relating to venue or jurisdiction over the person. F.A.R. 4.2, 31 F.S.A. A condemnation proceeding is essentially an action at law. It was a recognized proceeding at common law prior to the enactment of Chapter 74, Florida Statutes, F.S.A., here involved. Statutory proceedings are generally treated as actions at law unless by their nature of definition they fall clearly within the general area of equity procedure, pleading and practice, as traditionally recognized. The statutory proceedings under Chapters 73 and 74, Florida Statutes, F.S.A., are proceedings in rem and are triable on the law side of the court even though some of their aspects involve equitable principles.
It appearing that the orders in question are not final in character and that they do not fall within the exceptions created by the rule, the interlocutory appeal is dismissed.
STURGIS, C. J., and CARROLL, DONALD and WIGGINTON, JJ., concur.
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Fla. Power & Light Co. v. S.B. Jennings, 518 So. 2d 895 (Fla. 1987)…eves the landowners’ experts, to fashion an award that encompasses possible future injuries to persons. Eminent domain proceedings are actions in rem, See Peeler v. Duval County, 66 So. 2d 247 (Fla.1953); Wilson v. Jacksonville Expressway Authority, 110 So. 2d 707 (Fla. 1st DCA 1959); allowing a jury to compensate a landowner for possible future personal injuries would transform the proceedings into an in personam action. Such a change is unwarranted in order to ensure the constitutional guarantee of full com…
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Couse v. The Canal Auth. of the State of Fla., 194 So. 2d 301 (Fla. 1st DCA 1967)…erve that justiciable legal issues were timely tendered to the trial court prior to the entrance of the subject order. An order of taking is not of sufficient finality from which an appeal may be taken. Wilson v. Jacksonville Expressway Authority, 110 So. 2d 707 (1959). However, where a justiciable issue as to the necessity to taking is presented, the instanter vesting of title in the condemnor by the order of taking presents a decision in a law action which would merit the entertainment of a petition for c…
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Camp Phosphate Co. v. Marion Cnty., 194 So. 2d 302 (Fla. 1st DCA 1967)…e to venue or jurisdiction over the person of defendant-appel-lee, and 2. That this interlocutory appeal is frivolous. The third ground alleged relates to the merits of the cause which we need not explore here. In Wilson v. Jacksonville Expressway, 110 So. 2d 707 (1959), this court held that an order of talcing entered in an eminent domain proceeding pursuant to statutory authority is an action at law, and an interlocutory appeal therefrom is not available other than from questions concerning venue or jurisd…
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