Third District Court of Appeal in Miami, FL. (Credit: Candace West) New Ruling on Sovereign Immunity Could Set Precedent on Duty of Care Appeals
"If the appellant's position is correct, sovereign defendants can raise both issues on an interlocutory appeal," said Manny Dieguez, a partner at Armand & Dieguez. "If the appellants cannot immediately appeal the duty issue, then they would have to wait until after a final judgment to appeal the issue."
July 19, 2022 at 02:24 PM
4 minute read
A Florida Supreme Court ruling triggered an automatic appeal following a trial judge's denial of summary judgment based upon sovereign immunity. And the appeal could have a precedent-setting outcome in Florida's Third District Court of Appeal, according to two Miami attorneys.
John C. Lukacs Jr. and Manny Dieguez, partners at Raposo & Lukacs and Armand & Dieguez, respectively, represent the Estate of Annie Becerra in a wrongful death lawsuit. They successfully argued in the Miami-Dade Circuit Court that first responders neglected Becerra for approximately 75 minutes as she sat hunched over in the passenger seat of a crashed vehicle.
Annie Becerra with her daughter. (Credit: Estate of Annie Becerra) This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
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