4D04-3426-Murray v. Rosati

State: Florida

Court: Florida Fourth District Court

Docket No: 4D04-3426

Case Date: 05/03/2006

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT January Term 2006 THOMAS MURRAY, STEVEN WILEY and DOMINICK GUCCIARDO, Appellants, v. CARL STEPHEN ROSATI and PETER ROUSSONICOLOS, Appellees. Nos. 4D04-3426 and 4D04-3429 [May 3, 2006] WARNER, J. Appellants seek to appeal an order denying their renewed motions for directed verdict, made after two mistrials were declared. They claim that the trial court determined as a matter of law that they are not entitled to absolute or qualified immunity on the claims against them, and thus Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vii) permits a non-final appeal of that order. However, the trial court's order made no such determination, but instead merely denied the motions. We dismiss for lack of jurisdiction. The appellees sued the appellants for violation of their civil rights pursuant to 42 U.S.C.

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