Tindel v. Kessler

The parties to this appeal assert that this court has jurisdiction of the non-final order entered in this case, as one determining, as a matter of law, that a party is not entitled to absolute or qualified immunity in a civil rights claim arising under federal law. See Fla. R.App. P. 9.130(a)(3)(C)(viii); Tucker v. Resha, 648 So.2d 1187 (Fla.1994). The trial court, however, did not determine, as a matter of law, that summary judgment in favor of the defendants was improper. It simply denied the defendants’ motion for summary judgment.

In Hastings v. Demming, 694 So.2d 718, 720 (Fla.1997), the…