School Board of Polk County, Appellant, v. LLC (2025)

District Court of Appeal of Florida, Sixth District.

School Board of Polk County, Appellant, v. Keys Claims Consultants, LLC f/k/a Keys Claims Consultants, Inc., Appellee.

Case No. 6D2024-0285

Decided: April 17, 2025

Hank B. Campbell, of Campbell Trohn Tamayo & Aranda, P.A., Lakeland, for Appellant. Jean M. Henne, of Jean M Henne, P.A., Winter Haven, for Appellee.

Pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(F)(iii), this court has jurisdiction to review nonfinal orders “that ․ deny a motion that ․ asserts entitlement to sovereign immunity.” When determining whether we have jurisdiction to review a nonfinal order under this provision, based on the plain language of the rule, “our jurisdictional inquiry ․ focuses not on the challenged order, but rather on the motion that the order adjudicates.” City of Sweetwater v. Pichardo, 314 So. 3d 540, 542 (Fla. 3d DCA 2020). In this case, the motion for partial summary judgment denied by the nonfinal order on appeal did not assert entitlement to sovereign immunity. Therefore, this court lacks jurisdiction to review the order, and this appeal is dismissed for lack of jurisdiction.

DISMISSED.

MIZE, J.

NARDELLA and GANNAM, JJ., concur.

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