THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, PETITIONER,
v.
YANET LEYVA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANNET LEYVA, A DECEASED MINOR, ON BEHALF OF ALL STATUTORY SURVIVORS, PALLMENIA ALFONSO, TORREY MARCEL GREENE, MIAMI DADE COUNTY, FLORIDA AND THE CITY OF MIAMI, RESPONDENTS
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, PETITIONER,
YANET LEYVA, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANNET LEYVA, A DECEASED MINOR, ON BEHALF OF ALL STATUTORY SURVIVORS, PALLMENIA ALFONSO, TORREY MARCEL GREENE, MIAMI DADE COUNTY, FLORIDA AND THE CITY OF MIAMI, RESPONDENTS
975 So. 2d 576
Florida District Court of Appeal, Third District (2008)
Caution
Cited by 4 cases
Opinion of the Court
WELLS, J.
Asserting sovereign immunity, the School Board of Miami-Dade County petitions for a writ of certiorari, asking that we quash a trial court’s order denying its motion to dismiss the negligence action brought by the estate of a child killed at a school crosswalk. Relying on Department of Education v. Roe, 679 So. 2d 756, 757 (Fla.1996), we conclude that we do not have jurisdiction to review this denial of the motion to dismiss based on sovereign immunity.
Certiorari denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Rodriguez v. Miami-Dade Cnty., 117 So. 3d 400 (Fla. 2013)…M, 19 So. 3d at 446, the Fifth District stated in a short decision that it "lackfed] jurisdiction to review this interlocutory order,” citing Department of Education v. Roe, 679 So. 2d 756 (Fla.1996), and School Board of Miami-Dade County v. Leyva, 975 So. 2d 576 (Fla. 3d DCA 2008). Likewise, Pinellas Suncoast Transit Authority involved a very brief decision in which the Second District summarily stated that it "d[id] not have jurisdiction to review the denial of the motion to dismiss based on sovereign immu…
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Citizens Prop. Ins. Corp. v. SAN Perdido Ass'n, Inc., 46 So. 3d 1051 (Fla. 1st DCA 2010)…ition or certiorari. Other courts have also declined to entertain such interlocutory challenges in light of Roe, although there appears to be some inconsistency in the case law on this point. E.g., compare School Board of Miami-Dade County v. Leyva, 975 So. 2d 576 (Fla. 3d DCA 2008) with Garfinkel, supra; see also, e.g., Florida A & M University Board of Trustees v. Thomas, 19 So. 3d 445 (Fla. 5th DCA 2009). Citizens’ petition for prohibition or cer-tiorari is denied, and pursuant to Florida Rule of Appellat…
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Miami-Dade Cnty. v. Rodriguez, 67 So. 3d 1213 (Fla. 3d DCA 2011)…30 (Fla. 2d DCA 1996). Certiorari granted; conflict certified. . It is for this reason, that is, that it could not be discerned from the record that no duty existed, that certiorari review was denied in School Board of Miami-Dade County v. Leyva, 975 So. 2d 576 (Fla. 3d DCA 2008) (expressly relying on Dep't of Ed. v. Roe, 679 So. 2d 756, 758 (Fla.1996) (stating "[ojftentimes, the applicability of the sovereign immunity waiver is inextricably tied to the underlying facts, requiring a trial on the merits”)).…
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- Dep't OF Educ. v. ROE, 679 So. 2d 756 (Fla. 1996)