PINELLAS SUNCOAST TRANSIT AUTHORITY; THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA; EMANIEL BOOSE AND KAREN BOOSE, APPELLANTS,
v.
JONATHAN WRYE, A MINOR, BY AND THROUGH HIS NEXT FRIEND, MARY A. WRYE, AND MARY A. WRYE, INDIVIDUALLY, APPELLEES

Fla. 2d DCA | 1996-07-19
No. 95-04719
SCHOONOVER, A.C.J., and FULMER, J., concur.
750 So. 2d 30 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 6 cases


Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

The Pinellas Suncoast Transit Authority (PSTA) appeals a nonfinal order challenging the denial of its motion to dismiss based on sovereign immunity. Jonathan Wrye and Mary A. Wrye filed a complaint against PSTA alleging negligence and breach of contract.

We conclude that we do not have jurisdiction to review the denial of the motion to dismiss based on sovereign immunity either as a nonfinal appeal or as a certiorari proceeding. In reaching such a conclusion, we align ourselves with State, Department of Transportation v. Paris, 665 So. 2d 381 (Fla. 4th DCA 1996); Department of Education v. Roe, 656 So. 2d 507 (Fla. 1st DCA 1995), review granted, 663 So. 2d 629 (Fla.1995); and with Judge Sharpe’s well-reasoned dissent in Department of Transportation v. Wallis, 659 So. 2d 429 (Fla. 5th DCA 1995). As did the Fourth District in the Paris case, we adopt Judge Sharpe’s reasoning as our own and, accordingly, recognize conflict with the majority opinion in Wallis.

Appeal dismissed.

SCHOONOVER, A.C.J., and FULMER, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rodriguez v. Miami-Dade Cnty., 117 So. 3d 400 (Fla. 2013)
    …lict with the decisions of the Fifth District Court of Appeal in Florida A & M University Board of Trustees v. Thomas, 19 So. 3d 445, 446 (Fla. 5th DCA 2009), and of the Second District Court of Appeal in Pinellas Suncoast Transit Authority v. Wrye, 750 So. 2d 30, 30 (Fla. 2d DCA 1996), as to the scope of certiorari review. Rodriguez, 67 So. 3d at 1223.1 For the reasons that follow and in keeping with our recent precedent in Citizens and Keck, we hold that Miami-Dade County’s claim that it is entitled to so…
  • City OF Freeport v. Beach Cmty. Bank, 108 So. 3d 684 (Fla. 1st DCA 2013)
    …ovided herein.” . In so holding, the Third District certified conflict with Florida A & M University Board [*688] of Trustees v. Thomas, 19 So. 3d 445 (Fla. 5th DCA 2009) (denying certiorari review), and Pinellas Suncoast Transit Authority v. Wrye, 750 So. 2d 30 (Fla. 2d DCA 1996) (denying certiorari review). Rodriguez, 67 So. 3d at 1223. . See Fla. State Univ. Bd. of Tr. v. Monk, 68 So. 3d 316, 318 (Fla. 1st DCA 2011) (granting certiorari and quashing trial court order erroneously denying university immun…
  • Miami-Dade Cnty. v. Rodriguez, 67 So. 3d 1213 (Fla. 3d DCA 2011)
    …iv. Bd. of Trs. v. Thomas, 19 So. 3d 445, 446 (Fla. 5th DCA 2009) (concluding that the court lacked jurisdiction to entertain certiorari review from a motion for summary judgment claiming sovereign immunity); Pinellas Suncoast Transit Auth. v. Wrye, 750 So. 2d 30 (Fla. 2d DCA 1996) (“We conclude that we do not have jurisdiction to review the denial of the motion to dismiss based on sovereign immunity either as a nonfinal appeal or as a certiorari proceeding”). We cannot, however, join our sister courts in r…
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