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COUNTY OF BREVARD v. MIORELLI ENG.

No. 95-2772.

677 So.2d 32 (1996)

COUNTY of BREVARD, Appellant, v. MIORELLI ENGINEERING, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Clarification Denied August 2, 1996.

Attorney(s) appearing for the Case

E.A. "Seth" Mills and Hala A. Sandridge of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, for Appellant.

Dana G. Toole, Tampa, for Appellee Miorelli Engineering, Inc.

DAUKSCH, Judge.

Brevard County appeals a non-final order denying in part its motion for summary judgment. Generally, an order denying a motion for summary judgment is not appealable. However, the county in its motion raised the affirmative defense of sovereign immunity, and this appeal involves that issue. See Department of Transp. v. Wallis, 659 So.2d 429 (Fla. 5th DCA 1995).

On January 5, 1993, Miorelli Engineering...

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