Florida District Courts of Appeal, 2004

Albers v. Hines

Albers v. Hines
Florida District Courts of Appeal · Decided September 27, 2004 · Barfield, Webster, Wolf
885 So. 2d 390; 2004 Fla. App. LEXIS 14186; 2004 WL 2147005 (Southern Reporter, Second Series)

Albers v. Hines

Opinion of the Court

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 *391Rule 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.

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