FLORIDA A & M UNIVERSITY BOARD OF TRUSTEES, PETITIONER,
v.
MARJORIE THOMAS, RESPONDENT

Fla. 5th DCA | 2009-10-16
No. 5D09-1127
MONACO, C.J., EVANDER and JACOBUS, JJ., concur.
19 So. 3d 445 Florida District Court of Appeal, Fifth District (2009) Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner seeks a writ of certiorari, contending that the trial court’s denial of its motion for summary judgment constituted a departure from the essential requirements of law. It is petitioner’s position that respondent’s claim is barred by application of the sovereign immunity doctrine. We conclude that we lack jurisdiction to review this interlocutory order. See Dep’t of Education v. Roe, 679 So.2d 756 (Fla.1996); School Bd. of Miami-Dade County v. Leyva, 975 So.2d 576 (Fla. 3d DCA 2008).

Petition for Writ of Certiorari DENIED.

MONACO, C.J., EVANDER and JACOBUS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Rodriguez v. Miami-Dade Cnty., 117 So. 3d 400 (Fla. 2013)
    …ntitled to sovereign immunity as a matter of law, the Third District Court of Appeal certified that its decision was in direct conflict 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 fol…
  • City OF Freeport v. Beach Cmty. Bank, 108 So. 3d 684 (Fla. 1st DCA 2013)
    …longing to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided 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,…
  • Citizens Prop. Ins. Corp. v. SAN Perdido Ass'n, Inc., 46 So. 3d 1051 (Fla. 1st DCA 2010)
    …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 Appellate Procedure 9.030(a)(2)(A)(v) and (vi) this court certifies conflict with the fifth district decisions in Garfinkel and La Mer…

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