Tucker v. Resha

District Court of Appeal of Florida

Tucker v. Resha

670 So. 2d 111, 1996 Fla. App. LEXIS 1728, 1996 WL 82694

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 1996

DocketNo. 92-1744

StatusPublished

This text of 670 So. 2d 111 (Tucker v. Resha) 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.

Bluebook

Tucker v. Resha, 670 So. 2d 111, 1996 Fla. App. LEXIS 1728, 1996 WL 82694 (Fla. Ct. App. 1996).

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Opinion

ORDER ON REMAND

PER CURIAM.

In accordance with the controlling opinion issued by the Supreme Court of Florida in Tucker v. Resha, 648 So.2d 1187 (Fla.1994), which set out the proper standard for reviewing the order entered by the trial court, we deny the petition. Id. at 1190 (holding that “an order denying summary judgment based upon a claim of qualified immunity is subject to interlocutory review to the extent that the order turns on an issue of law”). See also Johnson v. Jones, — U.S. -, -, 115 S.Ct. 2151, 2156, 132 L.Ed.2d 238 (1995); Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985) (denial of qualified immunity, to the extent it turns on an issue of law, is an appealable final decision).

PETITION DENIED.

MINER, MICKLE and VAN NORTWICK, JJ., concur.

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ORDER ON REMAND

PER CURIAM.

In accordance with the controlling opinion issued by the Supreme Court of Florida in Tucker v. Resha, 648 So.2d 1187 (Fla.1994), which set out the proper standard for reviewing the order entered by the trial court, we deny the petition. Id. at 1190 (holding that “an order denying summary judgment based upon a claim of qualified immunity is subject to interlocutory review to the extent that the order turns on an issue of law”). See also Johnson v. Jones, — U.S. -, -, 115 S.Ct. 2151, 2156, 132 L.Ed.2d 238 (1995); Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985) (denial of qualified immunity, to the extent it turns on an issue of law, is an appealable final decision).

PETITION DENIED.

MINER, MICKLE and VAN NORTWICK, JJ., concur.

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Bluebook (online)

670 So. 2d 111, 1996 Fla. App. LEXIS 1728, 1996 WL 82694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-resha-fladistctapp-1996.

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