Town of Southwest Ranches v. Supreme Organics, LLC
A town filed an untimely summary judgment motion asserting sovereign immunity for the first time; the trial court granted the plaintiff's motion to strike it as violating the uniform trial order, while stating the town could still properly raise immunity. The Fourth District held the striking order did not 'deny a motion that asserts entitlement to sovereign immunity' under Rule 9.130(a)(3)(F)(iii) and dismissed the appeal for lack of jurisdiction. Judge Lott dissented, arguing that striking is functionally a denial and that the 2020 amendment to Rule 9.130 was intended to eliminate reliance on the trial court's labeling.
Key facts
- Town of Southwest Ranches filed a summary judgment motion asserting sovereign immunity, but the motion was submitted after the deadline set by the trial court's uniform trial order.
- The trial court granted the defendant town's motion to strike the untimely summary judgment motion, though the court stated the town could still properly raise the sovereign immunity defense later in the proceedings.
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Why it matters
Government defendants and their opponents now have Fourth District authority that a trial court's refusal to entertain an untimely sovereign-immunity summary judgment motion is not immediately appealable — a meaningful… — full analysis with a trial
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