The opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 6D2024-0285
Lower Tribunal No. 2019CA-004781-0000-00
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SCHOOL BOARD OF POLK COUNTY,
Appellant,
v.
KEYS CLAIMS CONSULTANTS, LLC f/k/a KEYS CLAIMS CONSULTANTS, INC.,
Appellee.
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Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Polk County.
William D. Sites, Judge.
April 17, 2025
MIZE, J.
Pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(F)(iii), this court
has jurisdiction to review nonfinal orders “that . . . deny a motion that . . . asserts
entitlement to sovereign immunity.” When determining whether we have
jurisdiction to review a nonfinal order under this provision, based on the plain
language of the rule, “our jurisdictional inquiry . . . focuses not on the challenged
order, but rather on the motion that the order adjudicates.” City of Sweetwater v.
Pichardo, 314 So. 3d 540, 542 (Fla. 3d DCA 2020). In this case, the motion for
partial summary judgment denied by the nonfinal order on appeal did not assert
entitlement to sovereign immunity. Therefore, this court lacks jurisdiction to review
the order, and this appeal is dismissed for lack of jurisdiction.
DISMISSED.
NARDELLA and GANNAM, JJ., concur.
Hank B. Campbell, of Campbell Trohn Tamayo & Aranda, P.A., Lakeland, for
Appellant.
Jean M. Henne, of Jean M Henne, P.A., Winter Haven, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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