CITY OF MIAMI
v.
PUERTO PERALTA
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The Third District Court of Appeal dismissed the City of Miami's appeal from a non-final order denying its sovereign immunity motion because the trial court did not make a definitive ruling on the immunity issue as a matter of law.
An appeal from a trial court's order denying a sovereign immunity motion is not final and appealable unless the trial court makes an explicit determination that sovereign immunity is or is not available as a matter of law.
[1] An order denying a sovereign immunity motion is not appealable unless the trial court explicitly determines whether sovereign immunity is available as a matter of law.
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Join FLexlaw to unlock all legal intelligenceThe City of Miami and Miami Parking Authority moved to dismiss Orlando Jarel Puerto Peralta's complaint on sovereign immunity grounds. The trial court…
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FERNANDEZ, J.
The City of Miami and Miami Parking Authority appeal the trial court’s non-final order denying their motions to dismiss Orlando Jarel Puerto Peralta’s complaint on the grounds of sovereign immunity. Because the trial court did not determine whether the City of Miami was entitled to, or not entitled to, sovereign immunity as a matter of law, and in fact ruled without prejudice to the City raising the application of sovereign immunity in further proceedings, we dismiss the appeal as one taken from a non-final, non-appealable order pursuant to Florida
Rule of Appellate Procedure 9.130(a)(3)(C)(xi). See Key v. Almase, 43 Fla. L.
Weekly D1804 (Fla. 3d DCA Aug. 8, 2018) (“Because the order does not make any findings regarding the issue of immunity, we dismiss the appeals as taken from a non-final, non-appealable order.”); Miami-Dade Cty. v. Pozos, 242 So. 3d 1152,
1157 (Fla. 3d DCA 2017) (“This court does not have the authority to determine in the first instance whether, as a matter of law, the County is entitled to sovereign immunity.”); Citizens Prop. Ins. Corp. v. Sosa, 215 So. 3d 90, 91 (Fla. 3d DCA
2016) (“[T]he trial court's order fails to state that, as a matter of law,
sovereign immunity is not available to Citizens. As such, the trial court's order is not appealable pursuant to Rule 9.130(a)(3)(C)(xi).”).
Dismissed.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Miami-Dade Cnty. v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017)
- Citizens Prop. Ins. Corp. v. Rafaela Sosa, 215 So. 3d 90 (Fla. 3d DCA 2016)