Beach Community Bank, Petitioner v. City of Freeport, Florida, Respondent

Summary

The Florida Supreme Court held that it has jurisdiction to review the First District Court of Appeal’s interlocutory decision, that the newly amended Florida Rule of Appellate Procedure 9.130 applies retroactively to permit review of the non‑final order denying sovereign immunity, and that the City of Freeport is entitled to sovereign immunity because the alleged negligence concerns a discretionary, planning‑level function. The Court quashed the lower court’s decision and remanded for further proceedings consistent with its opinion. Justice Lewis, concurring in part and dissenting in part, agreed with the quashal but rejected the retroactive application of the rule change.