David Olson, M.D. v. Christopher and Tammy Costello, as Personal Representatives of the Estate of Ryan Costello, deceased
The Sixth District held it lacked jurisdiction over a nonfinal order denying summary judgment on workers' compensation immunity because that order did not specifically state immunity was unavailable as a matter of law, but it had jurisdiction over a second order that affirmatively granted summary judgment eliminating the immunity defense. Examining the nature and legal effect of the order rather than requiring 'magic words,' the court affirmed application of Florida law under the significant-relationships test.
Key facts
- Ryan Costello, a Minnesota Twins baseball prospect, died; his Estate brought a wrongful death suit against David Olson, M.D.
- Dr. Olson moved for summary judgment asserting workers' compensation immunity under Minnesota law as an absolute defense.
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Holdings
- Under Fla. R. App. P. 9.130(a)(3)(C)(v), appellate jurisdiction turns on the nature, character, and legal effect of the order; an order granting summary judgment that eliminates a workers'…
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Why it matters
A useful jurisdictional roadmap for appellate practitioners handling nonfinal review of workers' compensation immunity rulings. The opinion distinguishes the Hastings/Reeves/Culver 'magic words' line—which applies to… — full analysis with a trial
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