H.C. HODGES CASH & CARRY, INC., ETC., PETITIONER,
v.
WALTON DODGE CHRYSLER-PLYMOUTH JEEP & EAGLE, ETC., RESPONDENT
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Florida Supreme Court quashed a district court decision reviewing a non-final order denying summary judgment on worker's compensation immunity, holding that appellate jurisdiction requires the order to conclusively and finally determine entitlement to immunity.
An appellate court lacks jurisdiction under Florida Rules of Appellate Procedure 9.130(a)(3)(C)(vi) to review a non-final order denying a motion for summary judgment asserting worker's compensation immunity unless the order conclusively and finally determines the party's entitlement to such immunity.
[1] An order denying a motion for summary judgment asserting worker's compensation immunity is not reviewable on appeal unless it conclusively and finally determines the part…
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Join FLexlaw to unlock all legal intelligenceH.C. Hodges Cash & Carry, Inc. and Walton Dodge Chrysler-Plymouth Jeep & Eagle, Inc. were parties to a dispute; the trial court denied Walton Dodge's …
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OVERTON, Justice.
We have for review Walton Dodge Chrysler-Plymouth Jeep & Eagle, Inc. v. H.C. Hodges Cash & Carry, Inc., 679 So. 2d 827 (Fla. 1st DCA 1996), which conflicts with Hastings v. Demming, 682 So. 2d 1107 (Fla. 2d DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In the instant ease, the district court held that the trial court erred in denying a motion for summary judgment asserting worker’s compensation immunity. The order denying summary judgment did not contain findings of fact and, consequently, did not conclusively and finally establish Walton Dodge’s entitlement to worker’s compensation immunity.
In Hastings v. Demming, 694 So. 2d 718 (Fla.1997), we addressed the issue of whether an appellate court has jurisdiction under Florida Rules of Appellate Procedure 9.130(a)(3)(C)(vi) to review a non-final order denying a motion for summary judgment asserting worker’s compensation immunity when the order does not conclusively and finally determine a party’s entitlement to such immunity. Therefore, we quash the decision of the district court in the instant case to the extent that it is inconsistent with Hastings and remand for further appropriate action.
It is so ordered.
KOGAN, C.J., and SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reeves v. Fleetwood Homes OF Fla., Inc., 889 So. 2d 812 (Fla. 2004)…were factual questions on the issue of workers’ compensation immunity and did not determine nonentitlement to work [*821] ers’ compensation immunity as a matter of law); H.C. Hodges Cash & Carry, Inc. v. Walton Dodge Chrysler-Plymouth Jeep & Eagle, 696 So. 2d 762, 763 (Fla.1997) (holding no jurisdiction where order denying summary judgment did not contain findings of fact and did not conclusively establish an entitlement to workers’ compensation immunity). The lower courts of Florida have strictly adhered t…
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Martin Elecs., Inc. v. Glombowski, 705 So. 2d 26 (Fla. 1st DCA 1997)…arify the applicability of Hastings II as to orders denying motions to dismiss. . The bright line interpretation is further supported by the supreme court’s decisions in H.C. Hodges Cash & Carry, Inc. v. Walton Dodge Chrysler-Plymouth Jeep & Eagle, 696 So. 2d 762 (Fla.1997), and Pizza Hut of America, Inc. v. Miller, 696 So. 2d 340 (Fla.1997). In H.C. Hodges, the supreme court specifically ruled that the district court’s determination of appealability based on their review of the record which conclusively dem…
Authorities Cited
- Hastings v. Demming, 694 So. 2d 718 (Fla. 1997)
- Hastings v. Demming, 682 So. 2d 1107 (Fla. 2d DCA 1996)
- Walton Dodge Chrysler-Plymouth Jeep & Eagle, Inc. v. H.C. Hodges Cash & Carry, Inc., 679 So. 2d 827 (Fla. 1st DCA 1996)