Throughout a case, a court may enter interim orders. Unlike final orders, which are appealable as of right, interim orders are generally not appealable. An appeal of an interim, or, interlocutory appeal, is often referred to as an emergent appeal and can be filed during litigation where it meets certain stringent standards. While attorneys tend to be reticent to file interlocutory appeals because the standards to prevail are so stringent, there are circumstances when failing to do so may foretell the ultimate loss of a final case in trial court.

There are many considerations before making a decision to file an emergent appeal, but there are generally four elements that are required in order to prevail: (1) There is no adequate remedy at law and that an emergency exists such that irreparable harm will occur absent the granting of relief; (2) There is a likelihood of success on the merits; (3) Granting relief will not do more harm than good; and (4) The equities favor relief, the law is well settled, and the public interest will not be harmed. Crowe v. De Gioia, 447 A.2d 173 (1982).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]