EAGLE ARTS ACADEMY, INC., APPELLANT,
v.
TRI-CITY ELECTRIC CO., INC., APPELLEE
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The court held that an appeal from a non-final order denying a motion to dismiss is dismissed for lack of jurisdiction if the order does not determine, as a matter of law, that a party is not entitled to sovereign immunity.
Eagle Arts Academy (EAA) appealed a non-final order denying its motion to dismiss a complaint filed by Tri-County Electric Company, Inc. The order did…
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Eagle Arts Academy [“EAA”] appeals from a non-final order summarily denying its motion to dismiss the complaint against it by Tri-County Electric Company, Inc. We dismiss the appeal for lack of jurisdiction.
Although Florida Rule of Appellate Procedure 9.130(a)(3)(C)(xi)1 authorizes appeals of non-final orders that determine, as a matter of law, that a party is not entitled to sovereign immunity, the order on appeal makes no explicit or implicit finding as a matter of law that EAA is not entitled to sovereign immunity. Compare Hastings v. Demming, 694 So.2d 718 (Fla. 1997) (holding 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 and requiring the defendant EAA to answer is simply and correctly the trial court’s determination that based on the four corners of the Complaint the matter may move forward on the allegations. See Lewis v. Barnett Bank of S. Fla., N.A., 604 So.2d 937, 938 (Fla. 3d DCA 1992) (holding that on a motion to dismiss, the trial court is necessarily confined to the well-pled facts alleged in the four corners of the complaint is not authorized to consider any other facts); Barbado v. Green & Murphy, P.A., 758 So.2d 1173, 1174 (Fla. 4th DCA 2000) (holding a motion to dismiss tests the legal sufficiency of the complaint and a court may not go beyond the four corners of the complaint in considering the legal sufficiency of the allegations).
Dismissed.
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Florida Highway Patrol v. Lashonta Renea Jackson, 238 So. 3d 430 (Fla. 1st DCA 2018)…y restricts review. The Hastings rule also permits a trial court to frustrate a party’s legitimate assertion of immunity simply by failing to provide reasons for a denial of an immunity 5 See also Eagle Arts Acad., Inc. v. Tri-City Elec. Co., Inc., 211 So. 3d 1083, 1084 (Fla. 3d DCA 2017) (dismissing the appeal of an order denying summary judgment based on sovereign immunity because the order did not find that the defendant was not entitled to sovereign immunity as a matter of law); Taival v. Barrett, 204 So.…1 / 2
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Fla. Agency For Health Care Adm. v. McClain, 43 Fla. L. Weekly Fed. D 451 (Fla. 1st DCA 2018)
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City of Coral Gables v. Blanco, 248 So. 3d 1211 (Fla. 3d DCA 2018)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hastings v. Demming, 694 So. 2d 718 (Fla. 1997)
- Barbado v. Green & Murphy, P.A., 758 So. 2d 1173 (Fla. 4th DCA 2000)
- Lewis v. Barnett Bank OF S. Fla., N.A., 604 So. 2d 937 (Fla. 3d DCA 1992)
- In re Amendments TO Fla. Rule OF App. Procedure 9.130, 151 So. 3d 1217 (Fla. 2014)
- Tanya Taival, D.O. v. Lacey Barrett, 204 So. 3d 486 (Fla. 5th DCA 2016)