Better Roads Inc. v. Gonzalez

District Court of Appeal of Florida

Better Roads Inc. v. Gonzalez

744 So. 2d 1123, 1999 Fla. App. LEXIS 13702, 1999 WL 931197

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 1999

DocketNo. 99-01466

StatusPublished

Cited by3 cases

This text of 744 So. 2d 1123 (Better Roads Inc. v. Gonzalez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Better Roads Inc. v. Gonzalez, 744 So. 2d 1123, 1999 Fla. App. LEXIS 13702, 1999 WL 931197 (Fla. Ct. App. 1999).

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Opinion

STRINGER, Judge.

Appellant, Better Roads, Inc., appeals a nonfinal order denying its motion for summary judgment on its claim of workers’ compensation immunity. The order denying summary judgment simply denies the motion without stating a reason for the denial. In order to be appealable, a nonfi-nal order denying a summary judgment motion which is based on workers’ compensation immunity must specifically state that, as a matter of law, a party is not entitled to raise the workers’ compensation immunity defense at trial. See Department of Corrections v. Culver, 716 So.2d 768 (Fla.1998). Because the order in the instant case fails to make such a statement, we lack jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi) to review this order. Accordingly, this appeal must be dismissed.

Appeal dismissed.

PATTERSON, C.J., and NORTHCUTT, J., Concur.

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STRINGER, Judge.

Appellant, Better Roads, Inc., appeals a nonfinal order denying its motion for summary judgment on its claim of workers’ compensation immunity. The order denying summary judgment simply denies the motion without stating a reason for the denial. In order to be appealable, a nonfi-nal order denying a summary judgment motion which is based on workers’ compensation immunity must specifically state that, as a matter of law, a party is not entitled to raise the workers’ compensation immunity defense at trial. See Department of Corrections v. Culver, 716 So.2d 768 (Fla.1998). Because the order in the instant case fails to make such a statement, we lack jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi) to review this order. Accordingly, this appeal must be dismissed.

Appeal dismissed.

PATTERSON, C.J., and NORTHCUTT, J., Concur.

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Bluebook (online)

744 So. 2d 1123, 1999 Fla. App. LEXIS 13702, 1999 WL 931197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/better-roads-inc-v-gonzalez-fladistctapp-1999.

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