INTERLOCUTORY
Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the lawsuit.
Interlocutory actions are taken by courts when a QUESTION OF LAW must be answered by an appellate court before a trial may proceed or to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding. Generally, courts are reluctant to make interlocutory orders unless the circumstances surrounding the case are serious and require timely action.
Interlocutory appeals are restricted by state
and federal appellate courts because courts do
not want piecemeal litigation. Appeals courts
generally review only cases that have reached
final judgment in the trial courts.When a court
administrator enters final judgment, this certi-
fies that the trial court has ended its review of
the case and jurisdiction shifts to the appellate
court.
Interlocutory appeals are typically permitted
when the trial judge certifies to the appellate
court in an interlocutory order that an impor-
tant question of law is in doubt and that it will
substantially affect the final result of the case.
Judicial economy then dictates that the court
resolve the issue rather than subject the parties
to a trial that may be reversed on an appeal from
a final judgment.
Appellate courts have the discretion to
review interlocutory orders. The federal courts
of appeal are governed by the Interlocutory
Appeals Act (28 U.S.C.A. § 1292). This act grants
discretion to the courts of appeal to review
interlocutory orders in civil cases where the dis-
trict judge states in the order that a controlling
question of law is in doubt and that the imme-
diate resolution of the issue will materially
advance the ultimate termination of litigation.
State appellate courts are governed by statutes
and court rules of appellate procedure regarding
