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Tucker v. Resha

Citations: 670 So. 2d 111; 1996 Fla. App. LEXIS 1728; 1996 WL 82694Docket: No. 92-1744

Court: District Court of Appeal of Florida; February 27, 1996; Florida; State Appellate Court

Narrative Opinion Summary

The order denies a petition based on the standards set forth by the Supreme Court of Florida in *Tucker v. Resha*, which dictates that an order denying summary judgment related to qualified immunity can be subject to interlocutory review if it involves a legal issue. The document references relevant case law, including *Johnson v. Jones* and *Mitchell v. Forsyth*, to reinforce that a denial of qualified immunity is appealable when it concerns a legal question. The decision concludes with the concurrence of Justices Miner, Mickle, and Van Nortwick.

Legal Issues Addressed

Appealability of Denial of Qualified Immunity

Application: A denial of qualified immunity is deemed appealable when the issue at hand is a legal question, supported by prior case law.

Reasoning: The document references relevant case law, including Johnson v. Jones and Mitchell v. Forsyth, to reinforce that a denial of qualified immunity is appealable when it concerns a legal question.

Interlocutory Review of Qualified Immunity Denial

Application: The principle allows for interlocutory review of a denial of summary judgment on qualified immunity if it involves a legal issue, as established by the Supreme Court of Florida.

Reasoning: The order denies a petition based on the standards set forth by the Supreme Court of Florida in Tucker v. Resha, which dictates that an order denying summary judgment related to qualified immunity can be subject to interlocutory review if it involves a legal issue.