DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, PETITIONER,
v.
STEPHEN P. MILLER, RESPONDENT
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PER CURIAM.
In this petition for writ of certiorari, petitioner alleges that the trial court erred by: (1) denying petitioner’s motion for summary judgment on the basis of sovereign immunity; and (2) ordering the petitioner to produce certain specified information respecting the assaultive tendencies of one who was under petitioner’s care.
This court has entertained petitions for writs of certiorari to review interlocutory orders determining issues of sovereign immunity. However, in the instant case, it appears that there may be factual matters which remain to be developed at trial bearing on the issue of sovereign immunity.1 We, therefore, decline to issue the writ, without prejudice to petitioner’s right to raise the issue of sovereign immunity on appeal from final judgment.
As to the second point raised, the petition for writ of certiorari is denied, there being no departure from the essential requirements of law.
ROBERT P. SMITH, Jr., C.J., and McCORD and BOOTH, JJ., concur. . Bellavance v. State, 390 So. 2d 422 (Fla. 1st DCA 1980), petition for review denied, 399 So. 2d 1145 (Fla.1981).
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Miami-Dade Cnty. v. Fente, 949 So. 2d 1101 (Fla. 3d DCA 2007)…WELLS, Judge. In this petition for writ of certiorari, Miami-Dade County seeks to quash an order denying its motion to dismiss Manuel and Maria Fente’s negligence action on sovereign immunity grounds. See Dept. of Health & Rehab. Servs. v. Miller, 413 So. 2d 96, 96 (Fla. 1st DCA 1982) (confirming that interlocutory orders determining application of the doctrine of sovereign immunity are, where appropriate, subject to certiorari to review). We grant the petition. According to the Fentes’ amended complaint,…
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Andreas Keck v. Ashleigh K. Eminisor, 46 So. 3d 1065 (Fla. 1st DCA 2010)…ided by section 768.28(9)(a) is both an immunity from suit and an immunity from liability and we recognize that an entitlement is effectively lost if the case is erroneously permitted to go to trial.”); cf. Dep’t of Health & Rehab. Servs. v. Miller, 413 So. 2d 96 (Fla. 1st DCA 1982) (stating that “[t]his court has entertained petitions for writs of certiorari to review interlocutory orders determining issues of sovereign immunity,” but declining to issue the writ in that case because there were disputed issu…
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- Dep't OF Revenue v. Widell Assocs., Inc., 390 So. 2d 422 (Fla. 1st DCA 1980)
- Bellavance v. State, 390 So. 2d 422 (Fla. 1st DCA 1980)