ANCIL C. ODOM, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hastings v. Demming, 682 So. 2d 1107 (Fla. 2d DCA 1996)
  …atter of law and, therefore, such an order is appealable under Rule 9.130(a)(3)(C)(vi).” 668 So. 2d at 714. The court, however, dismissed the appeal because it was untimely filed. Interestingly, in Integrity Homes of Central Florida, Inc. v. Goldy, 672 So. 2d 839 (Fla. 5th DCA 1996), an opinion issued the same day as Franklin, the Fifth District appears to have taken a contrary approach from the one taken in Franklin. In Goldy, the court dismissed an appeal of an order denying a motion for summary judgment b…
• ACT Corp. v. Devane, 672 So. 2d 611 (Fla. 5th DCA 1996)
  …as premature a motion for summary judgment claiming workers’ compensation immunity should not be considered an appealable order under Rule 9.130(a)(3)(C)(vi). Therefore the appeal is dismissed. Cf. Integrity Homes of Central Florida, Inc. v. Goldy, 672 So. 2d 839 (Fla. 5th DCA 1996) (where defendant appealed order denying motion for summary judgment which claimed worker’s compensation immunity, appealed order was dismissed because record failed to show that trial court ruled defendant was not entitled to imm…
• Am. Television & Commc'n Corp. v. Fla. Power Corp., 679 So. 2d 1190 (Fla. 2d DCA 1996)
  …as making a determination that the appellant was not entitled to workers’ compensation immunity as a matter of law. See Pizza Hut of America, Inc. v. Miller, 674 So. 2d 178 (Fla. 2d DCA 1996). See also Integrity Homes of Cent Florida, Inc. v. Goldy, 672 So. 2d 839 (Fla. 5th DCA 1996). The trial court specifically recited unresolved issues of fact which were determinative as to whether or not the appellant was entitled to immunity under the statute. Accordingly, we dismiss this case for lack of jurisdiction.…

Authorities Cited

• Davis v. State, 661 So. 2d 1193 (Fla. 1995)
• State v. Callaway, 658 So. 2d 983 (Fla. 1995)