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Florida Third DCA dismisses interlocutory appeal of order denying summary judgment because trial court did not determine "as a matter of law" that defendant was not entitled to sovereign immunity

On February 15, 2017, in Miami Dade County v. Pozos, No. 3D15-2167, the Florida Third DCA dismissed the defendant’s interlocutory appeal of trial court’s order denying summary judgment because trial court did not determine as a matter of law that the defendant was not entitled to sovereign immunity. The 3rd DCA noted that the interlocutory appeals from non-final orders in civil cases are restricted to those enumerated in Florida Rule of Appellate Procedure 9.130(a)(3)(c), and that while an order that a party is not entitled to sovereign immunity is on the list, it is qualified to situations in which the court determines “as a matter of law” that the party is not so entitled. In this case, the 3rd DCA noted that the trial court had been silent regarding the basis for its decision and that the Ruel required an express determination on this issue.

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