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.
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