Florida Law Weekly – June 1, 2018

City of Coral Gables v. Blanco – (3^rd DCA)

In this case, the Court held that it did not have jurisdiction to review a non-final Order where the Trial Court found that the City, as a matter of law, was not entitled to sovereign immunity at the Motion to Dismiss stage.  The Trial Court found that the City failed to establish that sovereign immunity was self-evident under the facts as pled.  This case reinforces the standing rule of the Courts of Appeal that at the Motion to Dismiss stage, sovereign immunity is not an appealable issue unless the Trial Court holds, as a matter of law, that the party is not entitled to sovereign immunity.