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INTERLOCUTORY

provisional; temporary. An order or judgment that does not determine the issues but directs further proceeding preliminary to a final order or decree. Until final decree, an interlocutory judgment is subject to change by the court to meet the needs of the case and is often not appealable except by leave of court. EXAMPLE: Fran wins a suppression motion to exclude certain evidence against her in an upcoming trial. Before the trial begins, the prosecutor seeks leave from the judge to file an interlocutory appeal from the suppression order, rather than wait until the trial is concluded before appealing the judge's ruling on Fran's motion. If the prosecutor's request is granted, Fran's trial will not proceed until an appellate court rules on the motions. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

"In civil cases, therefore, the Supreme Court has held that "the denial of a motion to dismiss based upon a claim of absolute immunity from suit is [an] immediately appealable" interlocutory order."

- Brown v. Crawford County, 960 F.2d 1002 (11th Cir. 1992)

"Interlocutory appeals under 28 U.S.C. § 1292(b) are designed specifically to resolve “abstract legal issues or issues of pure law.” PFM Air, Inc. v. Dr. Ing. hc. F. Porsche A.G., 751 F. Supp. 2d 1264, 1269 (M.D. Fla. 2010) (internal quotations omitted). “When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves [1] a controlling question of law [2] as to which there is substantial ground for difference of opinion and [3] that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order.” 28 U.S.C. § 1292(b). The party seeking the appeal bears the burden to establish that it has met all three elements. Gurzi v. Penn Credit, Corp., 6:19-cv-823-Orl-31EJK, 2020 WL 3288016, at *1 (M.D. Fla. June 18, 2020)."

- Baxter v. Scientology, 8:22-cv-986 (USFLMD 6/7/23)