Appellate Procedure & Jurisdiction
Certiorari – Sovereign Immunity. Conflict Certified: The Third DCA acceptedjurisdiction over a governmental entity's claim that it is immune from suit, rather than it is not liable for lack of duty, and in so doing certified conflict with the decisions in Florida A & M University Board of Trustees v. Thomas, 19 So. 3d 445 (Fla. 5th DCA 2009), and Pinellas Suncoast Transit Authority v. Wrye, 750 So. 2d 30 (Fla. 2d DCA 1996). Rodriguez v. Miami-Dade County, No. SC11-1913 (review granted Dec. 1, 2011). DCA decision 67 So. 3d 1213 (Fla. 3d DCA 2011). Status: briefing; Oral Argument to be set by separate order.
Dismissal – Sovereign Immunity. Conflict and Question certified: Whether, in light of the supreme court’s ruling in State Department of Education v. Roe, 679 So. 2d 756 (Fla. 1996), review of the denial of a motion to dismiss based on a claim of sovereign immunity should await the entry of a final judgment in the trial court? Citizens Prop. Ins. Corp. v. San Perdido Ass’n, No. SC10-2433 (review granted Feb. 17, 2011). DCA decision: 46 So. 3d 1051 (Fla. 1st DCA 2010). Status: Decision pending; Oral Argument Video
Certiorari – Interlocutory Review on Issue of Immunity. Is a city bus driver sued for negligence in striking a pedestrian entitled to interlocutory review by certiorari of the denial of his summary judgment on grounds of immunity? Keck v. Eminisor, No. SC10-2306 (review granted Dec. 30, 2010). DCA decision: 46 So. 3d 1065 (Fla. 1st DCA 2010). Status: Decision pending; Oral Argument Video.
*Certiorari – Administrative Order. Question Certified: May a district court grant common law certiorari relief from a circuit court’s opinion reviewing an administrative order when the circuit court applied precedent from another district court but the reviewing district court concludes that the precedent misinterprets clearly established statutory law? Dep't of Highway Safety & Motor Vehicles v. Nader, No. SC09-1533 (review granted May 7, 2010). DCA decision: 4 So. 3d 705 (Fla. 2d DCA 2009). Status: Decision below approved.; Slip Opinion; Motion for rehearing denied on May 4, 2012).
