Fuller v. Truncale
2010 Fla. App. LEXIS 16605
Fla. Dist. Ct. App.2010Background
- Petitioner Jim Fuller, Clerk of Courts, seeks certiorari to quash a trial court order denying his motion to dismiss a class action.
- Class drivers allege Fuller improperly recommended license suspensions to the DMV without scheduling a court hearing.
- Fuller asserted judicial immunity as a defense, arguing he merely followed administrative orders and protocol.
- The trial court denied immunity; the petition alleges the court departed from essential requirements of the law and caused irreparable harm if litigation proceeds.
- The court grants certiorari, quashes the order, and holds Fuller is entitled to judicial immunity standing as a defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether irreparable harm exists | Fuller faces irreparable harm if forced to litigate. | Fuller would be immune; litigation would not cause irreparable harm. | Irreparable harm exists; immunity would be irreparably compromised if case proceeds. |
| Whether the trial court departed from essential requirements of the law | denial of immunity was a legal error. | court properly considered immunity defenses; no departure. | Yes, court departed; immunity applied to bar the action. |
| Whether judicial immunity applies to a class action seeking equitable relief | Immunity should not apply to equitable relief claims. | Immunity extends to actions seeking equitable relief as well as monetary damages. | Immunity applies to claims for equitable relief as well as damages. |
| Whether Fuller’s act was a judicial act and within jurisdiction | Act was ministerial and outside immunity. | Act was a judicial act with jurisdiction under Administrative Order 2001-7. | Act was judicial and within jurisdiction; immunity attached. |
Key Cases Cited
- Johnson v. Harris, 645 So.2d 96 (Fla. 5th DCA 1994) (judicial immunity extends to officials acting in their judicial capacities unless lack of jurisdiction)
- Kalmanson v. Lockett, 848 So.2d 374 (Fla. 5th DCA 2003) (immunity principles; conduct within decision process may be immune)
- Parrotino, 628 So.2d 1097 (Fla.1993) (sovereign-like immunity principles for public officers)
- Limehouse v. Whittemore, 773 So.2d 86 (Fla. 2d DCA 2000) (judicial immunity protects judges from liability for damages)
- Berry v. State, 400 So.2d 80 (Fla. 1st DCA 1981) (immunity extends to protect against liability, including damages)