Gregory Tony, as Sheriff of Broward County v. Estate of Alyssa Alhadeff, et al.
The Fourth District affirmed the denial of the Broward Sheriff's motion for partial summary judgment on sovereign immunity as to the day-of-shooting claims from the Parkland shooting. The court held its nonfinal appeal jurisdiction under Rule 9.130(a)(3)(F)(iii) is confined to entitlement to sovereign immunity, so the Sheriff's Trianon Park duty-of-care argument fell outside the scope of review. On the immunity question itself, the Sheriff failed to show the challenged conduct was a planning-level or policy-level function, and the narrow police emergency exception does not create immunity from suit.
Key facts
- Consolidated wrongful death and personal injury suits arising from the Marjory Stoneman Douglas High School shooting were brought against the Broward County Sheriff in the Seventeenth Judicial Circuit.
- The Sheriff moved for partial summary judgment on sovereign immunity grounds as to the 'day-of-shooting' claims; the trial court denied the motion.
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Holdings
- Nonfinal appeal jurisdiction under Fla. R. App. P. 9.130(a)(3)(F)(iii) is limited to the issue of entitlement to sovereign immunity; an argument that the defendant owed no legally…
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Why it matters
This opinion is important for anyone litigating against or defending a Florida governmental entity. It draws a hard line around interlocutory review: Rule 9.130(a)(3)(F)(iii) buys a government defendant an immediate… — full analysis with a trial
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