In re: Amendments to Florida Rule of Appellate Procedure 9.130
On its own motion, and in conjunction with Florida Highway Patrol v. Jackson (SC18-468), the Florida Supreme Court amended Rule 9.130 to relocate the immunity-based nonfinal appeal provisions to new subdivision (a)(3)(F). The amendment expands interlocutory review by permitting appeals from orders that simply deny a motion asserting sovereign immunity, section 768.28(9) immunity, or absolute/qualified immunity in a federal civil rights claim, eliminating the prior requirement that the order determine 'as a matter of law' that the party is not entitled to immunity.
Key facts
- The Florida Supreme Court, on its own motion and in conjunction with Florida Highway Patrol v. Jackson, amended Rule 9.130 to expand interlocutory appellate review of immunity-based orders.
- The amendment relocates immunity provisions to new subdivision (a)(3)(F) and eliminates the requirement that a trial court order 'determine as a matter of law' that a party is not entitled to immunity before an appeal may be taken.
- +2 more key facts with a free trial
Why it matters
This rule change materially broadens interlocutory appellate jurisdiction over immunity denials, including orders denying summary judgment on sovereign immunity where disputed facts exist s practitioners no longer need… — full analysis with a trial
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