Summary
holding no jurisdiction where order simply denied summary judgment without stating reason
Summary of this case from Reeves v. Fleetwood Homes of Florida, Inc.Opinion
No. 99-01466.
Opinion filed October 20, 1999.
Appeal from nonfinal order of the Circuit Court for Collier County; Ted H. Brousseau, Judge.
Jack W. Shaw, Jr., of Shaw Stedman, P.A., Orlando; and Jack D. Luks of Luks, Koleos Santaniello, P.A., Fort
Lauderdale, for Appellant, Better Roads Incorporated.
No appearance for Appellee, Gonzalez.
Richard A. Sherman and Rosemary B. Wilder of Richard A. Sherman, P.A., Fort Lauderdale; and Philip J. Fairman of Vernis Bowling of Southwest Florida, P.A., Fort Myers, for Third Party Plaintiffs/Appellees, Ronald Dale Walker and Krehling Industries, Inc.
Appellant, Better Roads, Inc., appeals a nonfinal order denying its motion for summary judgment on its claim of workers' compensation immunity. The order denying summary judgment simply denies the motion without stating a reason for the denial. In order to be appealable, a nonfinal order denying a summary judgment motion which is based on workers' compensation immunity must specifically state that, as a matter of law, a party is not entitled to raise the workers' compensation immunity defense at trial. See Department of Corrections v. Culver, 716 So.2d 768 (Fla. 1998). Because the order in the instant case fails to make such a statement, we lack jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vi) to review this order. Accordingly, this appeal must be dismissed.
Appeal dismissed.
PATTERSON, C.J., and NORTHCUTT, J., Concur.