KENNETH NIX, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• 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…
• 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…
• 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”)).…

Authorities Cited

• Tennant v. State, 827 So. 2d 321 (Fla. 5th DCA 2002)