COASTAL BUILDING MAINTENANCE, INC., ETC., APPELLANT,
v.
BERTILIA PRIEGUES, APPELLEE

Fla. 3d DCA | 2009-11-18
No. 3D09-1884
Before SUAREZ, SALTER, JJ„ and SCHWARTZ, Senior Judge.
22 So. 3d 148 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 5 cases
Topics
Fla. R. App. P. 9.130 Appealability Of Non-Final Orders Worker'S Compensation Immunity Certiorari Jurisdiction

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Opinion of the Court
SUAREZ, J.

SUAREZ, J.

On Motion to Dismiss

Appellee, claimant, Bertilia Priegues, moves to dismiss the appeal of a non-final order denying the employer’s, Coastal Building Maintenance, Inc.’s (“Coastal”), motion for summary judgment based on workers’ compensation immunity. We grant the motion to dismiss.

As conceded by Coastal, this Court finds that the order denying the motion for summary judgment is neither renewable under Florida Rule of Appellate Procedure 9.130 as a non-final order nor under the certiorari jurisdiction of this court. See Fla. R App. P. 9.030(b)(2). The order below does not make a determination on the issue of workers’ compensation immunity. It is simply an order denying a motion for summary judgment for insufficient evidence to support a summary judgment on the defense of workers’ compensation immunity. The order lacked the required designation “that, as a matter of law, [the claimant] was not entitled to workers’ compensation immunity,” which makes it appealable as a non-final order. See Fla. R.App. P. 9.130(a)(3)(C)(v); Reeves v. Fleetwood Homes, 889 So.2d 812 (Fla.2004).

Dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Miami-Dade Cnty. v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017)
    …trial court's order explicitly states that the defendant will not be entitled to present a worker's compensation immunity defense at trial"); Amcon Builders, Inc. v. Pardo, 120 So. 3d 1254 (Fla. 3d DCA 2013) ; Coastal Bldg. Maint., Inc. v. Priegues, 22 So. 3d 148 (Fla. 3d DCA 2009) ; Southern Pan Servs. Co. v. Rodriguez, 771 So. 2d 612 (Fla. 3d DCA 2000) ; Peoplease Corp. v. Schroeder, 57 So. 3d 910 (Fla. 1st DCA 2011) ; Footstar Corp. v. Doe, 932 So. 2d 1272 (Fla. 2d DCA 2006) ; Rinker Materials Corp. v. Ho…
  • Miami-Dade Cnty. v. Pozos, 242 So. 3d 540 (Fla. 3d DCA 2018)
    …ial court’s order explicitly states that the defendant will not be entitled to present a worker’s compensation immunity defense at trial”); Amcon Builders, Inc. v. Pardo, 120 So. 3d 1254 (Fla. 3d DCA 2013); Coastal Bldg. Maint., Inc. v. Priegues, 22 So. 3d 148 (Fla. 3d DCA 2009); Southern Pan Servs. Co. v. Rodriguez, 771 So. 2d 612 (Fla. 3d DCA 2000); Peoplease Corp. v. Schroeder, 57 So. 3d 910 (Fla. 1st DCA 2011); Footstar Corp. v. Doe, 932 So. 2d 1272 (Fla. 2d DCA 2006); Rinker Materials Corp. v. Ho…
  • Amcon Builders, Inc. v. Pardo, 120 So. 3d 1254 (Fla. 3d DCA 2013)
    …trial court’s order, therefore, “lacked the required designation ‘that, as a matter of law, [the claimant] was not entitled to workers’ compensation immunity,’ which makes it appealable as a non-final order.” Coastal Bldg. Maint., Inc. v. Priegues, 22 So. 3d 148, 148 (Fla. 3d DCA 2009). See also Fla. RApp. P. 9.130(a)(3)(C)(v); [*1255] Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812, 821-22 (Fla.2004) (“[Njonfi-nal orders denying summary judgment on a claim of workers’ compensation immunity are not…

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