Summary
In Goldy, the court dismissed an appeal of an order denying a motion for summary judgment brought pursuant to rule 9.130 (a)(3)(C)(vi) because "there is nothing in the instant record demonstrating that the trial court found that Integrity Homes was not entitled to the immunity defense as a matter of law."
Summary of this case from Hastings v. DemmingOpinion
No. 95-1473.
March 1, 1996. Rehearing Denied May 1, 1996.
Non-Final Appeal from the Circuit Court for Volusia County; Joseph G. Will, Judge.
Michael J. Krakar of McDonough, O'Dell, Wieland Williams, Orlando, for Appellant.
Larry Sands of Sands, White Sands, P.A., Daytona Beach, for Appellee Scott Goldy.
Integrity Homes of Central Florida, Inc. appeals the denial of its motion for summary judgment in which it contended that it was entitled to workers' compensation immunity under section 440.11, Florida Statutes (Supp. 1990). Although Rule 9.130(a)(3)(C)(vi), Florida Rules of Appellate Procedure, authorizes appellate review of non-final orders which determine "a party is not entitled to workers' compensation immunity as a matter of law," there is nothing in the instant record demonstrating that the trial court found that Integrity Homes was not entitled to the immunity defense as a matter of law. Accordingly, we must dismiss for lack of jurisdiction.
DISMISSED.
W. SHARP, THOMPSON and ANTOON, JJ., concur.