TBE GROUP, INC., D/B/A TAMPA BAY ENGINEERING, PETITIONER,
v.
TAPAN BANERJEE, THE DEMOYA GROUP, INC., ADAIR & BRAIDY, INC., STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, PROTECTION SERVICES, INC., UNITED RENTALS HIGHWAY TECHNOLOGIES, INC., STEVEN D. BROWN, AND ANN STOCKTON DEAUNOVICH, RESPONDENTS
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The court dismissed a petition for writ of certiorari challenging a nonfinal order denying sovereign immunity claims under Florida Statutes section 768.28, but certified a question of great public importance regarding whether such denials should be reviewed before final judgment.
Petitions for writ of certiorari challenging nonfinal orders that deny claims of sovereign immunity under section 768.28, Florida Statutes, must be dismissed as premature.
[1] Petitions for writ of certiorari challenging nonfinal orders denying claims of sovereign immunity under section 768.28, Florida Statutes, are dismissed as premature absen…
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Join FLexlaw to unlock all legal intelligenceTBE Group, Inc. sought review of a trial court's denial of its motion for summary judgment based on a claim of immunity as an agent of the State Depar…
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We have previously dismissed petitions for writ of certiorari challenging nonfinal orders that denied claims of sovereign immunity, pursuant to section 768.28, Florida Statutes. See Dep’t of Educ. v. Roe, 679 So.2d 756 (Fla.1996); Brown v. McKinnon, 964 So.2d 173 (Fla. 3d DCA 2007), rev. denied, 980 So.2d 488 (Fla.2008). Accordingly, the instant petition likewise is hereby dismissed.
However, we note that the supreme court has accepted jurisdiction of Keck v. Eminisor, 46 So.3d 1065 (Fla. 1st DCA), rev. granted, 54 So.3d 973 (Fla.2010), in which the First District certified the following as a question of great public importance:
*1025Whether review of the denial of a motion for summary judgment, based on a claim of individual immunity under section 768.28(9)(a) without implicating the discretionary functions of public officials, should await the entry of a final judgment in the trial court?
Id. at 1068.
This case involves the denial of a motion for summary judgment based on a corporation’s claim of immunity as an agent of the State Department of Transportation, under section 768.28(9)(a) and (10)(e). Accordingly, we certify the following question:
Whether review of the denial of a motion for summary judgment, based on a claim of immunity as an agent of the state under section 768.28(9)(a) & 10(e), without implicating the discretionary functions of public officials, should await the entry of a final judgment in the trial court?
Dismissed; question certified.
MAY, C.J., TAYLOR and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sgt. Kim Major v. Heller, 80 So. 3d 442 (Fla. 4th DCA 2012)…court’s denial of her motion for summary judgment based upon sovereign immunity grounds under section 768.29(9)(a), Florida Statutes (2011). We dismiss the petition. See Dep’t of Educ. v. Roe, 679 So. 2d 756 (Fla.1996); TBE Group, Inc. v. Banerjee, 82 So. 3d 1024, 2011 WL 3586189 (Fla. 4th DCA 2011). We note that the Supreme Court of Florida has accepted discretionary jurisdiction of Keck v. Eminisor, 46 So. 3d 1065 (Fla. 1st DCA 2010), rev. granted, 54 So. 3d 973 (Fla.2010). As in TBE Group, Inc., we cert…
Authorities Cited
- Dep't OF Educ. v. ROE, 679 So. 2d 756 (Fla. 1996)
- Ophelia Brown v. McKINNON, 964 So. 2d 173 (Fla. 3d DCA 2007)
- Fwg v. Florida Dept. of Children and Families, 980 So. 2d 488 (Fla. 2008)
- Andreas Keck v. Ashleigh K. Eminisor, 46 So. 3d 1065 (Fla. 1st DCA 2010)