A discretionary route permits appeal of an otherwise non-final order where the trial court certifies and the appellate court agrees to hear it.

Trial court certification requires a controlling question of law, as to which there is substantial ground for difference of opinion, and where immediate appeal may materially advance the ultimate termination of the litigation. All three must be stated.

Controlling question of law means an abstract legal issue the appellate court can decide quickly, not a fact-bound application. Certification of a sufficiency-of-the-evidence question is routinely refused.

Substantial ground for difference of opinion is shown by conflicting authority, an issue of first impression, or a genuine doubt about the correct standard — not merely by the losing party’s disagreement.

Materially advance is easiest where reversal would end the case or eliminate a major theory, and hardest where trial will occur regardless.

Two gates. Certification by the trial court is necessary but not sufficient; the appellate court has unfettered discretion to decline, and frequently does.

Timing. The petition must be filed within a short window after certification, and the trial court may but need not stay proceedings.

Practical advice. Ask for certification in the motion itself, so that the trial court addresses it in the same order. Seeking it afterwards, by separate motion, succeeds less often.