FLORIDA DEPARTMENT OF CORRECTIONS, PETITIONER,
v.
JUNE CULVER, ET AL., RESPONDENTS
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Nonfinal orders denying summary judgment based on workers' compensation immunity are not appealable unless the order states immunity is unavailable as a matter of law.
The trial court denied the Department of Corrections' motion for summary judgment based on workers' compensation immunity without elaboration. The dis…
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OVERTON, Justice.
We have for review Department of Corrections v. Culver, 703 So. 2d 1211, 1212 (Fla. 1st DCA 1997), in which the district court certified the following question to be of great public importance:
IN DETERMINING THE APPEALA-BILITY OF A NONFINAL ORDER DENYING A MOTION FOR SUMMARY JUDGMENT BASED ON WORKERS’ COMPENSATION IMMUNITY, ARE WE RESTRICTED TO LOOKING ONLY AT THE ORDER ON APPEAL OR MAY WE REVIEW THE RECORD IN THE MANNER DESCRIBED IN HASTINGS v. DEMMING, 682 So. 2d 1107 (Fla. 2d DCA 1996).
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In the instant case, the trial court’s order denied without elaboration the Department of Correction’s motion for summary judgment on the basis of workers’ compensation immunity. The district court noted that a review of the record revealed no disputed issues of material fact. The district court concluded that it had no choice but to dismiss the appeal in light of this Court’s recent decision in Hastings v. Demming, 694 So. 2d 718 (Fla.1997).
The answer to this certified question may be found within this Court’s decision in Hastings v. Demming, 694 So. 2d 718, 720 (Fla. 1997), which clearly provides that “[njonfinal orders denying summary judgment on a claim of workers’ compensation immunity are not appealable unless the trial court order specifically states that, as a matter of law, such a defense is not available to a party .” Because the order in the instant case does not specifically state that workers’ compensation immunity is unavailable as a defense, consistent with our decision in Hastings, the district court does not have jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi) to review the order. Accordingly, we approve the decision of the district court in the instant case.
It is so ordered.
HARDING, C.J., and SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
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Citator
Cited By (13 total)
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Reeves v. Fleetwood Homes OF Fla., Inc., 889 So. 2d 812 (Fla. 2004)…WELLS, J., concurring specially. I concur because I conclude that the majority’s decision is compelled by this Court’s precedent in Hastings v. Demming, 694 So. 2d 718 (Fla.1997), and Florida Department of Corrections v. Culver, 716 So. 2d 768 (Fla.1998). However, I write to state that I find the logic of Judge Altenbernd’s opinion for the Second District to raise important issues which need to be confronted. In order to give effect to the legislatively mandated workers’ compensation im…1 / 2
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Florida Highway Patrol v. Lashonta Renea Jackson, 238 So. 3d 430 (Fla. 1st DCA 2018)….130(a)(3)(C)(v), (vii), (x), and (xi). As such, all of the subdivisions should be construed identically. See Miami-Dade County v. Pozos, 42 Fla. L. Weekly D418, D419 (Fla. 3d DCA Feb. 15, 2017); see also Tindel v. 4 Fla. Dep’t of Corrs. v. Culver, 716 So. 2d 768 (Fla. 1998) (clarifying Hastings by holding that an appellate court must determine that the lower court denied immunity from the face of the order alone, without looking at the record to determine whether the lower court correctly found that dispute…
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Miami-Dade Cnty. v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017)…y all the district courts, including this court. See, e.g., Reeves, 889 at So. 2d at 821 (observing that "[t]he lower courts of Florida have strictly adhered to this Court's decisions in Hastings and [ Florida Department of Corrections v. ] Culver, [716 So. 2d 768 (Fla. 1998) ] determining that a district court does not have jurisdiction to review a nonfinal order denying summary final judgment unless the trial court's order explicitly states that the defendant will not be entitled to present a worker's compe…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hastings v. Demming, 694 So. 2d 718 (Fla. 1997)
- Hastings v. Demming, 682 So. 2d 1107 (Fla. 2d DCA 1996)
- Johnson v. State, 703 So. 2d 1211 (Fla. 1st DCA 1997)
- Dep't OF Corr. v. Culver, 703 So. 2d 1211 (Fla. 1st DCA 1997)