Legal Definitions - practical finality

Definition: Practical finality refers to a situation where a court order requires immediate delivery of physical property, which could cause irreparable harm to the losing party if an immediate appeal is not possible. It is an exception to the general rule that interlocutory orders are not appealable.

Example: Suppose a court orders a landlord to immediately return a tenant's security deposit, which the landlord has wrongfully withheld. If the landlord is required to comply with the order, but believes it is incorrect, they may appeal the decision. However, if the appeal process takes too long, the tenant may suffer irreparable harm, such as being unable to pay for a new apartment. In this case, practical finality would allow the landlord to appeal the decision immediately, rather than waiting for the entire appeal process to conclude.

This example illustrates how practical finality can be used to prevent irreparable harm to a party while still allowing for the possibility of appeal.