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Major v. Heller

Florida Court of Appeal, Fourth District

February 22, 2012

Sgt. Kim MAJOR, Petitioner,
v.
Joshua HELLER, Respondent.

Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Elizabeth Metzger, Judge; L.T. Case No. 08-1119 CA.

Ron Vinogard of the Law Offices of Carman, Beauchamp & Sang, P.A., Boca Raton, for petitioner.

No appearance for respondent.

PER CURIAM.

Sergeant Kim Major petitions this Court for a writ of certiorari following the circuit court's denial of her motion for summary judgment based upon sovereign immunity grounds under section 768.29(9)(a), Florida Statutes (2011). We dismiss the petition. See Dep't of Educ. v. Roe, 679 So.2d 756 (Fla.1996); TBE Group, Inc. v. Banerjee, 82 So.3d 1024, 2011 WL 3586189 (Fla. 4th DCA 2011).

We note that the Supreme Court of Florida has accepted discretionary jurisdiction of Keck v. Eminisor, 46 So.3d 1065 (Fla. 1st DCA 2010), rev. granted, 54 So.3d 973 (Fla.2010). As in TBE Group, Inc., we certify a question of great public importance:

Whether review of the denial of a motion for summary judgment, based on a claim of immunity as an agent of the state under section 768.28(9)(a) & 10(e), without implicating the discretionary functions of public officials, should await the entry of a final judgment in the trial court?

Dismissed; question certified.

POLEN, HAZOURI and DAMOORGIAN, JJ., ...


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