Appellate Procedure & Jurisdiction

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[author: Robert C. Weill]

UPDATED THROUGH September 4, 2012

Harmless Error – Medical Malpractice. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is more likely than not that the error did not influence the trier of fact and thereby contribute to the verdict? Special v. West Boca West Med. Ctr., No. SC11-2511 (review granted June 20, 2012). DCA Decision: 79 So. 3d 755 (Fla. 4th DCA 2011). Status: briefing; oral argument to be set by separate order.

Certiorari – Sovereign Immunity. Conflict Certified: The Third DCA acceptedjurisdiction over a governmental entity's claim that it is immune from suit, rather than it is not liable for lack of duty, and in so doing certified conflict with the decisions in Florida A & M University Board of Trustees v. Thomas, 19 So. 3d 445 (Fla. 5th DCA 2009), and Pinellas Suncoast Transit Authority v. Wrye, 750 So. 2d 30 (Fla. 2d DCA 1996)Rodriguez v. Miami-Dade County, No. SC11-1913 (review granted Dec. 1, 2011). DCA decision 67 So. 3d 1213 (Fla. 3d DCA 2011). Status: briefing complete; oral argument scheduled for Sept. 6, 2012.

Dismissal – Sovereign Immunity.  Conflict and Question certified:  Whether, in light of the supreme court’s ruling in State Department of Education v. Roe, 679 So. 2d 756 (Fla. 1996), review of the denial of a motion to dismiss based on a claim of sovereign immunity should await the entry of a final judgment in the trial court?  Citizens Prop. Ins. Corp. v. San Perdido Ass’n, No. SC10-2433 (review granted Feb. 17, 2011).  DCA decision: 46 So. 3d 1051 (Fla. 1st DCA 2010). Status: Decision pending; Oral Argument Video (Sept. 8, 2011).

Certiorari – Interlocutory Review on Issue of Immunity.  Is a city bus driver sued for negligence in striking a pedestrian entitled to interlocutory review by certiorari of the denial of his summary judgment on grounds of immunity?  Keck v. Eminisor, No. SC10-2306 (review granted Dec. 30, 2010).  DCA decision: 46 So. 3d 1065 (Fla. 1st DCA 2010).  Status: Decision pending; Oral Argument Video (Oct. 5, 2011).