ORDER DENYING MOTION TO DISMISS COMPLAINT ON GROUND OF SOVEREIGN IMMUNITY NOT APPEALABLE, WHERE TRIAL COURT DOES NOT DETERMINE WHETHER THE DEFENDANT CITY WAS ENTITLED TO SOVEREIGN IMMUNITY AS A MATTER OF LAW.

ORDER DENYING MOTION TO DISMISS COMPLAINT ON GROUND OF SOVEREIGN IMMUNITY NOT APPEALABLE, WHERE TRIAL COURT DOES NOT DETERMINE WHETHER THE DEFENDANT CITY WAS ENTITLED TO SOVEREIGN IMMUNITY AS A MATTER OF LAW.

City of Miami v. Peralta, 43 Fla. L. Weekly D2533 (Fla. November 14, 2018):

The appellate court does not have the authority to determine in the first instance whether as a matter of law an entity is entitled to sovereign immunity. Thus, when the trial court’s order does not determine whether the allegedly sovereign entity is entitled to or is not entitled to sovereign immunity as a matter of law, a non-final appeal may not be taken pursuant to rule 9.130(a)(3)(C)(xi).

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