Eagle Arts Academy, Inc. v. Tri-City Electric Co., Inc.

Eagle Arts Academy [“EAA”] appeals from a non-final order summarily denying its motion to dismiss the complaint against it by Tri-County Electric Company, Inc. We dismiss the appeal for lack of jurisdiction.

Although Florida Rule of Appellate Procedure 9.130(a)(3)(C)(xi) 1 authorizes appeals of non-final orders that determine, as a matter of law, that a party is not entitled to sovereign immunity, the order on appeal makes no explicit or implicit finding as a matter of law that EAA is not entitled to sovereign immunity. Compare Hastings v. Demming, 694 So.2d 718 (Fla. 1997) (holding that a…