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STATE, BD. OF EDUC. v. AZER

No. 1D02-1899.

832 So.2d 787 (2002)

STATE of Florida, BOARD OF EDUCATION, Appellant, v. Jacqueline AZER and Saber Samaan, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 30, 2002.

Attorney(s) appearing for the Case

Louis F. Hubener, Deputy Solicitor General, and Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellant.

William L. Sundburg of Sundburg & Hessman, Tallahassee for appellee Jacqueline Azer; Laureen Galeoto of Broad & Cassel, Tallahassee, for appellee Saber Samaan.

PER CURIAM.

Relying upon Florida Rule Appellate Procedure 9.130(a)(3)(C)(vii), the Board of Education seeks review of a non-final order by which the trial court determined that the Board is not entitled to immunity as to various counts of a complaint arising under federal law. But the rule specifically limits its application to claims of "absolute or qualified immunity in a civil rights claim arising under federal law...." As was recently observed by the fourth district...

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