Florida and Federal Appeals, Family Law Appeals, Florida Family Law, Easley Apellate Practice PLLC

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Appeals FAQ. The Q & A

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13. Can I appeal a partial judgment where the trial court decided the equitable claims during a bench trial and issued an injunction, all before the legal claims were allowed to go to a jury?

The general answer is yes, and the appeal could go forward either using the appellate rule that allows appeals as a partial, but final, judgment, or as a judgment under the appellate rule that allows appeals of judgments that concern injunctions, which is similar in federal appeals. Where a jury demand has been properly made, but extends to only some issues in an action, or where there are both legal and what we call equitable claims, examples include foreclosure cases or contract claims seeking a bench trial, and they’re all in the same action, the case can be bifurcated to divide the issues for to be decided by the judge and the issues decided by the jury.

The trial judge may still determine factual issues that are unrelated to the issues to be tried by the jury. But if the case was not bifurcated or if the judge had the bench trial first and decided issues that would bind a jury on related issues in the legal claims part of the trial, then there is potential legal error worth raising on appeal.