STATE ROAD DEPARTMENT OF FLORIDA, AN AGENCY OF THE STATE OF FLORIDA, APPELLANT,
v.
CLINTON B. F. BRILL, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that an interlocutory appeal from an order denying a motion to dismiss based on sovereign immunity is not authorized by the Florida Appellate Rules.
The State Road Department (appellant) moved to dismiss a breach of contract complaint against it, arguing sovereign immunity barred the action. The tr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdiction Over The Subject Matter cases and more on FLexlaw
By this interlocutory appeal the appellant,' State Road Department, seeks review of an order entered by the trial court in an action at law denying appellant’s motion to dismiss the complaint filed against it herein, which motion is predicated upon several grounds including the grounds that the court lacked jurisdiction over the person of the defendant and the subject matter of the cause.
In its order denying appellant’s motion to dismiss the complaint it is recited that by its motion the Road Department attacks the jurisdiction of the court to entertain an action against a state agency without legislative authority. The order also contains a recital to the effect that the motion to dismiss the complaint raises other questions, but at the hearing it was agreed by all parties that any defects in the complaint as a pleading should be more properly attacked by motion for a more definite statement, and that the motion to dismiss should be restricted to the jurisdictional question. The remainder of the order summarizes the allegations of the complaint under which plaintiff purports to state a cause of action for breach of contract by defendant Road Department, and the provisions of the statutory and decisional law of this state bearing upon causes of action of the type involved in this proceeding. The entire burden of the order deals with the question of whether the defendant Road Department is free from liability because of the protection afforded by the doctrine of sovereign immunity. The, Road Department’s attack upon the cause of action alleged in the complaint is confined exclusively to its asserted defense of sovereign immunity, and includes no defense to the merits of the action.
By its brief filed on this appeal the Road Department presents two points for our consideration, each of which relates exclusively to the question of whether the doctrine of *230sovereign immunity shields the State Road Department from liability for the damages claimed by plaintiff. Such a defense relates solely to the jurisdiction of the court over the subject matter of the cause, and has no relationship to any question concerning the jurisdiction of the court over the person of the defendant State Road Department.
The Constitution of Florida vests in the District Courts of Appeal of this state jurisdiction to review by appeal final judgments or decrees rendered by trial courts, as well as final orders or decrees of county judge’s courts pertaining to probate matters or to estates and interests of minors and incompetents. The Constitution further ordains that the Supreme Court may provide for review by District Courts of Appeal of interlocutory orders or decrees in matters reviewable by those courts.1
In pursuance of the authority granted it by the Constitution, the Supreme Court of Florida adopted a comprehensive code of appellate procedure which, among other things, provides that an interlocutory appeal may be taken in an action at law only from interlocutory orders relating to venue or jurisdiction over the person, or from orders or judgments after final judgment, except those relating to motions for new trial or reconsideration.2
The interlocutory appeal before us for consideration does not relate to either venue or jurisdiction over the person of the State Road Department, nor does it seek review of an order or judgment entered after final judgment. It follows that this interlocutory appeal is neither authorized nor permitted by the existing rules of appellate procedure, and therefore this Court has no jurisdiction to consider it. The appeal is accordingly dismissed.
CARROLL, DONALD, K., Acting C. J., and RAWLS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Cir. Court OF Twelfth Jud. Cir. v. Dep't OF Natural Res. of the State of Fla., 339 So. 2d 1113 (Fla. 1976)…mplaint the Department had waived sovereign immunity, the trial judge denied the motion. Appellee then took an interlocutory appeal to the District Court of Appeal, Second District, which was dismissed on the authority of State Road Dept. v. Brill, 171 So. 2d 229 (Fla. 1st DCA 1964). The Department then filed a suggestion for a writ of prohibition with the District Court of Appeal. That court issued the writ, reasoning that the circuit court lacked subject matter jurisdiction because the Department was prot…
-
Tuveson v. Fla. Governor's Council ON Indian Affairs, Inc., 495 So. 2d 790 (Fla. 1st DCA 1986)…e states in federal court, to hold that suit was barred against the FGCIA as a state agency in that forum. In other words, the federal court dismissed the case due to lack of jurisdiction and never reached the merits. State Road Department v. Brill, 171 So. 2d 229 (Fla. 1st DCA 1964). Looking to the fifth issue on appeal, the final order states that Tuveson failed to establish her prima facie case of discrimination by failing to show she was a member of a protected class and that she was better qualified for…
-
Warren v. Se. Leisure Sys., Inc., 522 So. 2d 979 (Fla. 1st DCA 1988)…le to the judgment-debtor corporation. (Prior to entry of the order appealed, the appellee filed copies of the unsatisfied execution and an affidavit by its president stating the judgment remained unsatisfied.) . See also State Road Dept. v. Brill, 171 So. 2d 229 (Fla. 1st DCA 1964) (order denying dismissal of suit as barred by sovereign immunity nonappealable non-final order) and Dyer v. Battle, 168 So. 2d 175 (Fla. 2d DCA 1964) (orders abating one action and denying dismissal of second action not reviewabl…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence