DRJ Atlantic, LLC d/b/a Hyundai of Jacksonville v. Babadi
A car dealership sued under the dangerous instrumentality doctrine for an accident involving a loaner vehicle moved for summary judgment asserting statutory immunity under section 324.021(9)(c)3.a., Florida Statutes. The Fifth DCA dismissed the dealership's nonfinal appeal, holding that Rule 9.130(a)(3)(F) lists only three categories of immunity orders subject to interlocutory review and does not include dealership statutory immunity, and that certiorari was unavailable because the dealership argued only immunity from liability, not immunity from suit, so continued litigation expense was not irreparable harm.
Key facts
- Car dealership DRJ Atlantic, LLC d/b/a Hyundai of Jacksonville sued under the dangerous instrumentality doctrine for injuries from an accident involving a loaner vehicle.
- The dealership moved for summary judgment asserting statutory immunity under Florida Statutes section 324.021(9)(c)3.a., which the trial court denied.
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Why it matters
The opinion is a clean roadmap on the liability-immunity versus suit-immunity distinction that governs whether a denied immunity-based summary judgment can be reviewed before final judgment. Practitioners asserting… — full analysis with a trial
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