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City of Sanford v. Matthews

District Court of Appeal of Florida, Fifth District
Oct 18, 1996
681 So. 2d 865 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-2570.

October 18, 1996.

Non-Final appeal from the Circuit Court for Seminole County, Seymour Benson, Judge.

Lamar D. Oxford of Dean, Ringers, Morgan Lawton, Orlando, for Appellant.

Paul P. McMahon of Gary, Williams, Parenti, Finney, Lewis McManus, Fort Pierce, for Appellee.


The City of Sanford appeals the trial court's denial of its motion for summary judgment. The motion was grounded on Sanford's assertion of sovereign immunity. While this appeal was pending, the supreme court issued its opinion in Department of Education v. Roe, 679 So.2d 756 (Fla. 1996), denying the right of interlocutory appeal under the circumstances of the instant case. In doing so, the supreme court disapproved this court's decision in Department of Transportation v. Wallis, 659 So.2d 429 (Fla. 5th DCA 1995), which allowed such an interlocutory appeal.

Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

COBB and ANTOON, JJ., concur.


Summaries of

City of Sanford v. Matthews

District Court of Appeal of Florida, Fifth District
Oct 18, 1996
681 So. 2d 865 (Fla. Dist. Ct. App. 1996)
Case details for

City of Sanford v. Matthews

Case Details

Full title:CITY OF SANFORD, FLORIDA, APPELLANT, v. MARGARET MATTHEWS, ETC., APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 18, 1996

Citations

681 So. 2d 865 (Fla. Dist. Ct. App. 1996)

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