94TH AERO SQUADRON OF MIAMI, INC. AND MANUEL E. SANCHEZ, APPELLANTS,
v.
ARTURO COLON, APPELLEE
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The court denied appellants' petition for certiorari review of a non-final order denying summary judgment on workers' compensation immunity because the order was not appealable and did not meet the standards for certiorari review.
Non-final orders denying summary judgment on workers' compensation immunity are not appealable unless the trial court specifically states that the defense is unavailable as a matter of law.
[1] Non-final orders denying summary judgment on workers' compensation immunity are not appealable unless the trial court specifically states that the defense is unavailable…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Non-final orders denying summary judgment on a claim of workers' compensation immunity are not appealable unless the trial court order specifically states that, as a matter of law, such a defense is not available to a party.”
The court cited Hastings v. Hemming to establish the standard for appealability of workers' compensation immunity orders.
94th Aero Squadron of Miami, Inc. and Manuel Sanchez, defendants below, appealed a trial court's denial of their motion for summary judgment on the is…
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PER CURIAM.
This is an appeal by 94th Aero Squadron of Miami, Inc. and Manuel Sanchez, defendants below, for review of a non-final order denying their motion for summary judg ment on the issue of workers compensation immunity. Because the trial court found that there were triable issues of fact regarding worker’s compensation immunity and that the defendants were therefore not precluded from presenting a worker’s compensation immunity defense, this case is not appealable under Fla. R.App. P. 9.130(a)(3)(C)(v). See Hastings v. Hemming, 694 So. 2d 718, 720 (Fla.1997)(“Non-final orders denying summary judgment on a claim of workers’ compensation immunity are not appealable unless the trial court order specifically states that, as a matter of law, such a defense is not available to a party.”).
We therefore treat this as a petition for issuance of a writ of certiorari and deny the same. See Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla.1987)(holding that for non-final order to be reviewable by petition for certiorari, it must depart from essential requirements of law, causing material injury to petitioner throughout remainder of proceedings below, effectively leaving no adequate remedy on appeal).
Petition for issuance of writ of certiorari is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wausau Bus. Ins. Co. & Wausau Underwriters Ins. Co. v. Lesbia Quintana, 933 So. 2d 1185 (Fla. 3d DCA 2006)…s denying summary judgment on a claim of workers’ compensation immunity are not appealable unless the trial order specifically states that, as a matter of law, such a defense is not available to a party”); 94th Aero Squadron of Miami, Inc. v. Colon, 862 So. 2d 806 (Fla. 3d DCA 2003)(treating an appeal from an adverse summary judgment as a petition for a writ of certiorari because a nonfinal order determining whether a party is entitled to workers’ compensation immunity is not appealable unless the trial court…
Authorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Hastings v. Demming, 694 So. 2d 718 (Fla. 1997)