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Interlocutory Order Lifting Stay Not Immediately Appealable

March 17, 2014

John Bunyan and Tyler Wetzel wrote an article on the Eleventh Circuit’s decision in Plaintiff A v. Schair, which provides further proof of the substantial burden facing appellants hoping to satisfy the collateral-order doctrine. Below is an excerpt from “Interlocutory Order Lifting Stay Not Immediately Appealable,” originally featured in the American Bar Association’s March 17, 2014 Appellate Practice newsletter:

The Eleventh Circuit dismissed the interlocutory appeal for lack of appellate jurisdiction. The court first noted that the defendants did not seek to appeal the order under 28 U.S.C. § 1292(b) and, just like “the usual rule” that the denial of a motion to stay is not a final decision under 28 U.S.C. § 1291, the order lifting the stay was not a final decision.
Next, the court determined that the order could not meet the “stringent” requirements to be appealed under the collateral-order doctrine because it did not resolve an “important issue” completely separate from the merits. In particular, the order did not involve a sufficiently “important issue” because an important right, usually involving a substantial public interest, was not at stake.

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