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Florida Supreme Court amends Rule of Appellate Procedure 9.130 to expand the availability of appellate review of nonfinal orders denying sovereign immunity, denying immunity in civil rights claims arising under federal law, and denying immunity under section 768.28(9), Florida Statutes.

On January 23, 2020, in IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.130, the Florida Supreme Court amended Florida Rule of Appellate Procedure 9.130 to expand the availability of appellate review of nonfinal orders denying sovereign immunity, denying immunity in civil rights claims arising under federal law, and denying immunity under section 768.28(9), Florida Statutes. The reasons for the Court’s decision are discussed in an opinion issued by the Court the same day in Highway Patrol v. Jackson, No. SC18-468 (Fla. Jan. 23, 2020). The new subdivisions of the Rule allow appeals of nonfinal orders that deny a motion that asserts entitlement to the types of immunity addressed in those subdivisions, removing the requirement that the orders “determine that, as matter of law, a party is not entitled” to the immunity asserted. According to the Florida Supreme Court: “[i]f the trial court’s order denies a motion asserting entitlement to immunity, there is jurisdiction to review it, and the appellate court may review as much of the record as is necessary to resolve the question presented in the appeal.”

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