Albers v. Hines

885 So. 2d 390, 2004 Fla. App. LEXIS 14186, 2004 WL 2147005

Opinion

PER 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 Rule 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 failed to demonstrate that the trial court’s order constitutes a departure from the essential requirements of law.

PETITION FOR WRIT OF CERTIO-RARI DENIED.

WOLF, C.J.; BARFIELD and WEBSTER, JJ., CONCUR.