What is an interlocutory appeal?
An interlocutory appeal is an appeals process that takes place in the middle of a legal proceeding, such as an arbitration. It is a way to make a legal challenge to a decision made by an arbitrator in a case that is still ongoing. In Kansas, an interlocutory appeal is a procedural step that can be taken to challenge the award of an arbitrator. The appeal is filed with the Kansas Supreme Court after the award is granted. The party filing the appeal must demonstrate that the arbitrator’s decision was based on wrong facts, errors in the application of the law to the facts, or that the arbitrator was otherwise acting beyond his or her powers. The Texas Supreme Court must then decide whether the arbitrator’s decision should be affirmed, modified, or reversed. If an interlocutory appeal is successful, the decision is sent back to the arbitrator for reconsideration, often resulting in important changes in the outcome of the case.
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