THE FLORIDA LOTTERY
v.
SENECA ONE, LLC, AND RHONDA MORTIMER-BUCKNER
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An order is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(xi) unless it explicitly determines on its face that the appellant is not entitled to sovereign immunity as a matter of law.
[1] A non-final order denying sovereign immunity is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(xi) unless the order explicitly states on its face…
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Join FLexlaw to unlock all legal intelligence“Because the court here did not explicitly indicate on the face of the order that it was denying sovereign immunity as a matter of law, the order is not appealable.”
Court explaining jurisdictional defect in non-final orders regarding sovereign immunity determinations
The Florida Lottery appealed a non-final order from the Circuit Court for Leon County in a dispute with Seneca One, LLC and Rhonda Mortimer-Buckner. T…
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here did not explicitly indicate on the face of the order that it was denying sovereign immunity as a matter of law, the order is not appealable.”). The trial court may enter an amended order explicitly stating on its face that Appellant is not entitled to sovereign immunity, if that was the substance of the trial court’s determination. See id. at *3.
DISMISSED.
LEWIS, MAKAR, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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