Legal Opinion

Albers v. Hines

District Court of Appeal of Florida

Decided September 27, 2004No. 1D04-1674Published

1Per curiam

Petitioners seek review of a nonfinal order denying their motion for summary judgment, in which they claimed entitlement to qualified immunity from respondent’s federal civil rights claims as a matter of law. Because the trial court did not rule that petitioners were not entitled to qualified immunity as a matter of law, the order is not appealable pursuant to Florida *391Rule of Appellate Procedure 9.130(a)(3)(C)(vii). See Butler v. Dowling, 750 So.2d 674 (Fla. 4th DCA 1999). Treating the request as a petition for a writ of certiorari (id. at 675), we deny the request because petitioners have…

2Cases cited1 opinion

  1. Butler v. DowlingDistrict Court of Appeal of Florida · 1999

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