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The post below was published on Saturday, January 22nd, 2011 at 8:58 PM.

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Certified Question: Certiorari, State Employee Immunity

In this decision, the First District continued its recent trend of declining to review immunity decisions by certiorari. Judge Wetherell continued his trend of dissenting from those decisions.

In the process, the court certified the following to the state supreme court as a question of great public importance:

Whether review of the denial of a motion for summary judgment, based on a claim of individual immunity under section 768.28(9)(a) without implicating the discretionary functions of public officials, should await the entry of a final judgment in the trial court?

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