CITY OF MIAMI v. PERALTA (2018)

The City of Miami and Miami Parking Authority appeal the trial court's non-final order denying their motions to dismiss Orlando Jarel Puerto Peralta's complaint on the grounds of sovereign immunity. Because the trial court did not determine whether the City of Miami was entitled to, or not entitled to, sovereign immunity as a matter of law, and in fact ruled without prejudice to the City raising the application of sovereign immunity in further proceedings, we dismiss the appeal as one taken from a non-final, non-appealable order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(xi). See Key v. Almase, 253 So.3d 713 (Fla. 3d DCA 2018) (“Because the order does not make any findings regarding the issue of immunity, we dismiss the appeals as taken from a non-final, non-appealable order.”); Miami-Dade Cty. v. Pozos, 242 So.3d 1152, 1157 (Fla. 3d DCA 2017) (“This court does not have the authority to determine in the first instance whether, as a matter of law, the County is entitled to sovereign immunity.”); Citizens Prop. Ins. Corp. v. Sosa, 215 So.3d 90, 91 (Fla. 3d DCA 2016) (“[T]he trial court's order fails to state that, as a matter of law, sovereign immunity is not available to Citizens. As such, the trial court's order is not appealable pursuant to Rule 9.130(a)(3)(C)(xi).”).

Dismissed.

FERNANDEZ, J.