JOHN ALBERS, DAVID LOCKER AND DEPARTMENT OF INSURANCE, STATE OF FLORIDA, PETITIONERS,
v.
KAREN HINES, RESPONDENT

Fla. 1st DCA | 2004-09-27
No. 1D04-1674
WOLF, C.J.; BARFIELD and WEBSTER, JJ., CONCUR.
885 So. 2d 390 Florida District Court of Appeal, First District (2004)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioners seek review of a nonfinal order denying their motion for summary judgment, in which they claimed entitlement to qualified immunity from respondent’s federal civil rights claims as a matter of law. Because the trial court did not rule that petitioners were not entitled to qualified immunity as a matter of law, the order is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vii). See Butler v. Dowling, 750 So. 2d 674 (Fla. 4th DCA 1999). Treating the request as a petition for a writ of certiorari (id. at 675), we deny the request because petitioners have failed to demonstrate that the trial court’s order constitutes a departure from the essential requirements of law.

PETITION FOR WRIT OF CERTIO-RARI DENIED.

WOLF, C.J.; BARFIELD and WEBSTER, JJ., CONCUR.


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