Select your state

Civil procedure

severance of claims

A severance splits a single lawsuit into two or more independent lawsuits, each of which results in an appealable final judgment. When a trial court grants a severance, the separated causes of action typically proceed to individual judgments—judgments that are themselves separately final and appealable. Causes of action that have been severed from each other into independent lawsuits will be heard by different juries.

In Florida, severance of actions is governed by the Florida Rules of Civil Procedure. Rule 1.270(b) allows for severance of claims when it is appropriate to promote convenience, avoid prejudice, or when separate trials will be conducive to expedition and economy. When a court grants a severance, it effectively splits a single lawsuit into two or more separate lawsuits, each proceeding independently to judgment. These judgments are final and appealable. The decision to sever is within the discretion of the trial court and is typically granted to ensure that the issues are clearly and separately tried to avoid confusion for the jury. Once severed, the causes of action may be tried by different juries at different times. It's important for parties considering or facing a severance to consult with an attorney to understand the implications for their case, including the potential for increased legal costs, separate trials, and the strategic considerations of facing different juries.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

severance of claims

Individual & Family Legal Plan

Articles

Florida State Code

Florida State Code

Civil procedure

severance of claims

Articles