Opinion
No. 1D04-1674.
September 27, 2004. Rehearing Denied November 10, 2004.
A Petition for Writ of Certiorari. Original Jurisdiction.
Robert B. Buchanan and Renee E. Thompson of Siboni, Hamer Buchanan, P.A., Ocala, for Appellants.
Joseph W. Little, Gainesville; Robert C. Widman, Venice, for Appellee.
Petitioners seek review of a nonfinal order denying their motion for summary judgment, in which they claimed entitlement to qualified immunity from respondent's federal civil rights claims as a matter of law. Because the trial court did not rule that petitioners were not entitled to qualified immunity as a matter of law, the order is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vii). See Butler v. Dowling, 750 So.2d 674 (Fla. 4th DCA 1999). Treating the request as a petition for a writ of certiorari ( id. at 675), we deny the request because petitioners have failed to demonstrate that the trial court's order constitutes a departure from the essential requirements of law.
PETITION FOR WRIT OF CERTIORARI DENIED.
WOLF, C.J.; BARFIELD and WEBSTER, JJ., CONCUR.