SCHOOL BOARD OF POLK COUNTY, FLORIDA
v.
KEYS CLAIMS CONSULTANTS, LLC F/K/A KEYS CLAIMS CONSULTANTS, INC.
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A nonfinal order denying a motion for partial summary judgment is not reviewable under Fla. R. App. P. 9.130(a)(3)(F)(iii) unless the motion itself asserts entitlement to sovereign immunity.
[1] Under Florida Rule of Appellate Procedure 9.130(a)(3)(F)(iii), jurisdiction to review a nonfinal order depends on whether the motion being adjudicated asserts entitlement…
Previewing 1 of 1 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“our jurisdictional inquiry . . . focuses not on the challenged order, but rather on the motion that the order adjudicates.”
Court explaining the proper standard for determining jurisdiction under Fla. R. App. P. 9.130(a)(3)(F)(iii), citing City of Sweetwater v. Pichardo, 314 So. 3d 540, 542 (Fla. 3d DCA 2020).
The School Board of Polk County appealed a nonfinal order from the Circuit Court for Polk County denying a motion for partial summary judgment in a ca…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-0285 Lower Tribunal No. 2019CA-004781-0000-00 _____________________________
SCHOOL BOARD OF POLK COUNTY, Appellant, v. KEYS CLAIMS CONSULTANTS, LLC f/k/a KEYS CLAIMS CONSULTANTS, INC., Appellee. _____________________________
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Polk County. William D. Sites, Judge.
April 17, 2025
MIZE, J.
Pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(F)(iii), this court has jurisdiction to review nonfinal orders “that . . . deny a motion that . . . asserts entitlement to sovereign immunity.” When determining whether we have jurisdiction to review a nonfinal order under this provision, based on the plain language of the rule, “our jurisdictional inquiry . . . focuses not on the challenged order, but rather on the motion that the order adjudicates.” City of Sweetwater v. Pichardo, 314 So. 3d 540, 542 (Fla. 3d DCA 2020). In this case, the motion for
2
partial summary judgment denied by the nonfinal order on appeal did not assert entitlement to sovereign immunity. Therefore, this court lacks jurisdiction to review the order, and this appeal is dismissed for lack of jurisdiction.
DISMISSED.
NARDELLA and GANNAM, JJ., concur.
Hank B. Campbell, of Campbell Trohn Tamayo & Aranda, P.A., Lakeland, for Appellant.
Jean M. Henne, of Jean M Henne, P.A., Winter Haven, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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