Taival v. Barrett

In this medical malpractice case, Tania Taival, D.O., appeals the non-final order denying her motion for summary judgment on the issue of sovereign immunity. See § 768.28(9), Fla. Stat. (2012). Dr. Taival asserts that this court has jurisdiction pursuant to Florida Rule of Appellate Proce dure 9.130(a)(3)(C)(x), because the issue of her immunity from suit turns on a question of law. We disagree. As we have previously explained, an order that simply denies the defendant’s motion for summary judgment, but does not determine, as a matter of law, that summary judgment is improper, is not…