5D00-2748 Gionis v. Headwest

State: Florida

Court: Florida Southern District Court

Docket No: 5D00-2748.op

Case Date: 11/12/2001

Plaintiff: 5D00-2748 Gionis

Defendant: Headwest

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001 GEORGE GIONIS, Appellant, v. HEADWEST, INC., et al, Appellees. _____________________________/ Opinion filed November 16, 2001 Non-Final Appeal from the Circuit Court for Seminole County, Nancy F. Alley, Judge. Michael Broussard and Karen J. Cullen of Broussard & Condry, P.A., Orlando, for Appellant. Michael P. Jones and Clifton H. Gorenflo of Leffler & Associates, P.A.,Winter Springs, for Appellees. PALMER, J. George Gionis appeals the non-final order entered by the trial court denying his motion for summary judgment which alleged that he was immune from suit based upon the doctrine of qualified immunity. Although the order denying the motion for summary judgment is not an appealable, non-final order, we exercise our discretion to treat Gionis' notice of appeal as being a petition for a writ of certiorari and, concluding that the order constitutes a departure from the essential requirements of law resulting in material injury that cannot be corrected on post-judgment appeal, we grant the petition and quash the order. The instant action began when Avco Financial Services of Florida filed suit against Henry Hardy CASE NO. 5D00-2748

and his wife Mary, alleging default on a note and mortgage related to land on which they operated a tree business. Florida's Department of Environmental Regulation (DER) was named as a party defendant in that lawsuit because DER had claimed an interest in the property by virtue of a lis pendens relating to the Hardys' alleged violations of environmental statutes and regulations. The Hardys filed a third party complaint against numerous employees of DER, including Gionis, in their individual capacities. The complaint sought recovery based upon claims that DER had embarked on a campaign of harassing investigations, civil actions, and criminal actions, designed to harass or extort the Hardys into compliance with unreasonable and unconstitutional policies or regulations. DER's actions were precipitated by complaints alleging that the Hardys were using their property, some of which included jurisdictional wetlands, for the improper dumping of yard materials. Of particular importance to the instant appeal, Count VIII of the Hardys' third party complaint alleged a claim against Gionis under 42 U.S.C.

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