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Department of H R Serv. v. Miller

District Court of Appeal of Florida, First District
Apr 8, 1982
413 So. 2d 96 (Fla. Dist. Ct. App. 1982)

Summary

recognizing that the court has entertained petitions for writs of certiorari to review interlocutory orders concerning sovereign immunity but declining to issue the writ because "there may be factual matters which remain to be developed at trial bearing on the issue of sovereign immunity"

Summary of this case from Sarasota Cnty. Pub. Hosp. Dist. v. Venice HMA, LLC

Opinion

No. AJ-272.

April 8, 1982.

A Petition for Writ of Certiorari — Original Jurisdiction.

Roy L. Glass of DeSerio Glass, St. Petersburg, for petitioner.

Ronald H. Schnell of Carr Schnell, St. Petersburg, for respondent.


In this petition for writ of certiorari, petitioner alleges that the trial court erred by: (1) denying petitioner's motion for summary judgment on the basis of sovereign immunity; and (2) ordering the petitioner to produce certain specified information respecting the assaultive tendencies of one who was under petitioner's care.

This court has entertained petitions for writs of certiorari to review interlocutory orders determining issues of sovereign immunity. However, in the instant case, it appears that there may be factual matters which remain to be developed at trial bearing on the issue of sovereign immunity. We, therefore, decline to issue the writ, without prejudice to petitioner's right to raise the issue of sovereign immunity on appeal from final judgment.

Bellavance v. State, 390 So.2d 422 (Fla. 1st DCA 1980), petition for review denied, 399 So.2d 1145 (Fla. 1981).

As to the second point raised, the petition for writ of certiorari is denied, there being no departure from the essential requirements of law.

ROBERT P. SMITH, Jr., C.J., and McCORD and BOOTH, JJ., concur.


Summaries of

Department of H R Serv. v. Miller

District Court of Appeal of Florida, First District
Apr 8, 1982
413 So. 2d 96 (Fla. Dist. Ct. App. 1982)

recognizing that the court has entertained petitions for writs of certiorari to review interlocutory orders concerning sovereign immunity but declining to issue the writ because "there may be factual matters which remain to be developed at trial bearing on the issue of sovereign immunity"

Summary of this case from Sarasota Cnty. Pub. Hosp. Dist. v. Venice HMA, LLC

stating that "[t]his court has entertained petitions for writs of certiorari to review interlocutory orders determining issues of sovereign immunity," but declining to issue the writ because there were disputed issues of fact bearing on the immunity issue

Summary of this case from Citizens Property Insurance Corp. v. San Perdido Ass'n

stating that "[t]his court has entertained petitions for writs of certiorari to review interlocutory orders determining issues of sovereign immunity," but declining to issue the writ in that case because there were disputed issues of fact bearing on the immunity issue

Summary of this case from Keck v. Eminisor

confirming that interlocutory orders determining application of the doctrine of sovereign immunity are, where appropriate, subject to certiorari review

Summary of this case from Miami-Dade County v. Miller

confirming that interlocutory orders determining application of the doctrine of sovereign immunity are, where appropriate, subject to certiorari to review

Summary of this case from Miami-Dade v. Fente

In Department of Health Rehabilitative Services v. Miller, 413 So.2d 96 (Fla. 1st DCA 1982), this court ruled, under circumstances analogous to those here, that summary judgment on the issue of sovereign immunity was improper as factual matters remained to be developed at trial bearing on that issue.

Summary of this case from McCall v. Dept. of Health & Rehab. Serv
Case details for

Department of H R Serv. v. Miller

Case Details

Full title:DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, PETITIONER, v. STEPHEN…

Court:District Court of Appeal of Florida, First District

Date published: Apr 8, 1982

Citations

413 So. 2d 96 (Fla. Dist. Ct. App. 1982)

Citing Cases

Miller v. State, Department of Health & Rehabilitative Services

We, therefore, decline to issue the writ, without prejudice to petitioner's right to raise the issue of…

Sarasota Cnty. Pub. Hosp. Dist. v. Venice HMA, LLC

As such, the circuit court's denial of the County's motion for summary judgment did not depart from the…