PINELLAS SUNCOAST TRANSIT AUTHORITY; THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA; EMANIEL BOOSE AND KAREN BOOSE, APPELLANTS,
v.
JONATHAN WRYE, A MINOR, BY AND THROUGH HIS NEXT FRIEND, MARY A. WRYE, AND MARY A. WRYE, INDIVIDUALLY, APPELLEES
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WHATLEY, Judge.
The Pinellas Suncoast Transit Authority (PSTA) appeals a nonfinal order challenging the denial of its motion to dismiss based on sovereign immunity. Jonathan Wrye and Mary A. Wrye filed a complaint against PSTA alleging negligence and breach of contract.
We conclude that we do not have jurisdiction to review the denial of the motion to dismiss based on sovereign immunity either as a nonfinal appeal or as a certiorari proceeding. In reaching such a conclusion, we align ourselves with State, Department of Transportation v. Paris, 665 So. 2d 381 (Fla. 4th DCA 1996); Department of Education v. Roe, 656 So. 2d 507 (Fla. 1st DCA 1995), review granted, 663 So. 2d 629 (Fla.1995); and with Judge Sharpe’s well-reasoned dissent in Department of Transportation v. Wallis, 659 So. 2d 429 (Fla. 5th DCA 1995). As did the Fourth District in the Paris case, we adopt Judge Sharpe’s reasoning as our own and, accordingly, recognize conflict with the majority opinion in Wallis.
Appeal dismissed.
SCHOONOVER, A.C.J., and FULMER, J., concur.
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Rodriguez v. Miami-Dade Cnty., 117 So. 3d 400 (Fla. 2013)…lict with the decisions of the Fifth District Court of Appeal in Florida A & M University Board of Trustees v. Thomas, 19 So. 3d 445, 446 (Fla. 5th DCA 2009), and of the Second District Court of Appeal in Pinellas Suncoast Transit Authority v. Wrye, 750 So. 2d 30, 30 (Fla. 2d DCA 1996), as to the scope of certiorari review. Rodriguez, 67 So. 3d at 1223.1 For the reasons that follow and in keeping with our recent precedent in Citizens and Keck, we hold that Miami-Dade County’s claim that it is entitled to so…
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City OF Freeport v. Beach Cmty. Bank, 108 So. 3d 684 (Fla. 1st DCA 2013)…ovided herein.” . In so holding, the Third District certified conflict with Florida A & M University Board [*688] of Trustees v. Thomas, 19 So. 3d 445 (Fla. 5th DCA 2009) (denying certiorari review), and Pinellas Suncoast Transit Authority v. Wrye, 750 So. 2d 30 (Fla. 2d DCA 1996) (denying certiorari review). Rodriguez, 67 So. 3d at 1223. . See Fla. State Univ. Bd. of Tr. v. Monk, 68 So. 3d 316, 318 (Fla. 1st DCA 2011) (granting certiorari and quashing trial court order erroneously denying university immun…
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Miami-Dade Cnty. v. Rodriguez, 67 So. 3d 1213 (Fla. 3d DCA 2011)…iv. Bd. of Trs. v. Thomas, 19 So. 3d 445, 446 (Fla. 5th DCA 2009) (concluding that the court lacked jurisdiction to entertain certiorari review from a motion for summary judgment claiming sovereign immunity); Pinellas Suncoast Transit Auth. v. Wrye, 750 So. 2d 30 (Fla. 2d DCA 1996) (“We conclude that we do not have jurisdiction to review the denial of the motion to dismiss based on sovereign immunity either as a nonfinal appeal or as a certiorari proceeding”). We cannot, however, join our sister courts in r…1 / 2
Authorities Cited
- Dep't OF Transp. v. Wallis, 659 So. 2d 429 (Fla. 5th DCA 1995)
- Dep't OF Educ. v. ROE, 656 So. 2d 507 (Fla. 1st DCA 1995)
- State v. Alyse Cohen Paris and Mark Paris, 665 So. 2d 381 (Fla. 4th DCA 1996)