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MURRAY v. ROSATI

Nos. 4D04-3426, 4D04-3429.

929 So.2d 1090 (2006)

Thomas MURRAY, Steven Wiley and Dominick Gucciardo, Appellants, v. Carl Stephen ROSATI and Peter Roussonicolos, Appellees.

District Court of Appeal of Florida, Fourth District.

May 3, 2006.

Attorney(s) appearing for the Case

Bruce W. Jolly and Summer M. Barranco of Purdy, Jolly, Giuffreda & Barranco, P.A., Fort Lauderdale, for appellants Steven Wiley and Dominick Gucciardo.

Stuart R. Michelson and James J. Birch of Law Office of Stuart Michelson, Fort Lauderdale, for appellant Thomas Murray.

Douglas L. Bates of Law Offices of Koppel and Bates, Plantation, for appellee Peter Roussonicolos.

John F. Cicilline of Cicilline Law Offices, Providence, Rhode Island, for appellee Carl Stephen Rosati.

WARNER, J.

Appellants seek to appeal an order denying their renewed motions for directed verdict, made after two mistrials were declared. They claim that the trial court determined as a matter of law that they are not entitled to absolute or qualified immunity on the claims against them, and thus Florida Rule of Appellate Procedure 9.130(a)(3)(C)(vii) permits a non-final appeal of that order. However, the trial court's order made no such determination, but...

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