If I filed a motion to dismiss a civil case, and it gets rejected, how can I appeal?

Question

I filed a motion to dismiss for lack of personal jurisdiction. If the motion gets rejected, how do I appeal the decision to a higher court?

Can the case be moved?

What is the name of the motion I need to file to appeal the decision?

This case is taking place in Washington State and I live in Miami, FL.

Answer 1

You can't appeal to a "Court of Appeals" until a final decision is issued in the underlying case. A denial of a motion to dismiss for lack of P.J. is not a final decision, so you can't appeal (as a matter of right) based upon that. If your motion is denied, you should first file a "Motion to Reconsider" with the district court.

Check this website: http://www.courts.wa.gov/court_rules/index.cfm for the rules of procedure that pertain to where the case is filed.

If your motion to dismiss is denied, your other recourse would be to request the district court to "Certify" the personal jurisdiction issue for an "Interlocutory Appeal." That would get the issue of personal jurisdiction before the Court of Appeals before a trial is held. However, this is a discretionary decision by the court; if that is denied then you have to wait until the trial court issues its final decision before you can appeal.

You won't be able to move the case from one state court to a different state court, though. (i.e. from Washington to Florida).

BTW - If this case involves real property (real estate) that you own in Washington, you will most likely lose on the jurisdiction issue, because the case would be based on "in rem" jurisdiction against the property, and if you are the property owner, then there is jurisdiction. Plus, if you filed an Answer in the case, you have already submitted to jurisdiction of the court, and you can't then move to dismiss for lack of personal jurisdiction.

Answer 2

You have to wait until the case is tried on the merits. Then, if you don't like the outcome, you file an appeal. You must do so within 10 DAYS of the verdict. But, once the motion for dismissal is denied, you must wait until the END of the trial on the merits before you can appeal.

Answer 3

A action to brush aside could be made on numerous grounds. look it up in Florida regulations of Civil technique possibly rule 12(b), in case you're in Florida state court. confirm what reason they are seeking for for a dismissal. Then, like numerous different placed up says report an opposition to action to brush aside pointing out particular real grounds. come across a pattern one on line or from a regulation employer, ect.