TANYA TAIVAL, D.O., APPELLANT,
v.
LACEY BARRETT, INDIVIDUALLY, ETC., ET AL, APPELLEES
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This case involves an appeal from a non-final order denying a motion for summary judgment based on sovereign immunity in a medical malpractice case. The appellate court dismissed the appeal, finding it lacked jurisdiction because the denial was based on disputed facts, not a pure question of law.
No, an order denying a motion for summary judgment is not immediately appealable as a non-final order if the trial court's ruling is based upon disputed issues of fact, not a conclusion of law.
[1] An order that simply denies a motion for summary judgment, without determining as a matter of law that summary judgment is improper, is not an appealable non-final order.
[2] A governmental employee's continuation of litigation and associated costs, time, and effort in defending such litigation does not constitute irreparable harm for the purp…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“As we have previously explained, an order that simply denies the defendant’s motion for summary judgment, but does not determine, as a matter of law, that summary judgment is improper, is not appealable.”
Establishes the basis for dismissing the appeal due to lack of jurisdiction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDr. Taival, a defendant in a medical malpractice suit, moved for summary judgment, asserting sovereign immunity. The trial court denied this motion. D…
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In this medical malpractice case, Tania Taival, D.O., appeals the non-final order denying her motion for summary judgment on the issue of sovereign immunity. See § 768.28(9), Fla. Stat. (2012). Dr. Taival asserts that this court has jurisdiction pursuant to Florida Rule of Appellate Proce*487dure 9.130(a)(3)(C)(x), because the issue of her immunity from suit turns on a question of law. We disagree. As we have previously explained, an order that simply denies the defendant’s motion for summary judgment, but does not determine, as a matter of law, that summary judgment is improper, is not appealable. See Tindel v. Kessler, 772 So.2d 599, 599 (Fla. 5th DCA 2000); see also Gionis v. Headwest, Inc., 799 So.2d 416, 417-18 (Fla. 5th DCA 2001) (finding order denying summary judgment not appealable as non-final order where the trial court’s ruling is based upon disputed issues of fact, not a conclusion of law). Accordingly, we dismiss the appeal for lack of jurisdiction.1
DISMISSED.
BERGER, WALLIS and LAMBERT, JJ., concur,
Cases With Similar Vibessemantic neighbors from the corpus
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Florida Highway Patrol v. Lashonta Renea Jackson, 238 So. 3d 430 (Fla. 1st DCA 2018)
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Miami-Dade Cnty. v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017)…ly immune from suit. Thus, the trial court erred as a matter of law by denying the County's motion for summary judgment, and this Court has jurisdiction to review that order. The second case cited by the majority in footnote 2 is Taival v. Barrett, 204 So. 3d 486 (Fla. 5th DCA 2016). The one paragraph opinion provides little direction but, based on the parentheticals following the citations in the body and footnotes in the opinion, it appears that, unlike the case before this Court, there were disputed issue…1 / 2
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Eagle Arts Acad., Inc. v. Tri-City Elec. Co., Inc., 211 So. 3d 1083 (Fla. 3d DCA 2017)…ing that a final order denying summary judgment on a claim of workers’ compensation immunity is not appealable unless the trial court order specifically states that, as a matter of law, such a defense is not available to a party); Taival v. Barrett, 204 So. 3d 486 (Fla. 5th DCA 2016) (“[A]n order that simply denies the defendant’s motion [for summary judgment], but does not determine as a matter of law that summary judgment is improper, is not ap-pealable.”). The order summarily denying the motion to dismiss…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stephens v. Geoghegan, 702 So. 2d 517 (Fla. 2d DCA 1997)
- Rodriguez v. Miami-Dade Cnty., 117 So. 3d 400 (Fla. 2013)
- Ondrey v. Patterson, 884 So. 2d 50 (Fla. 2d DCA 2004)
- Sergeant Michael Tindel v. Kessler, 772 So. 2d 599 (Fla. 5th DCA 2000)
- Gionis v. Headwest, Inc., 799 So. 2d 416 (Fla. 5th DCA 2001)