FLORIDA DEPARTMENT OF CORRECTIONS, Petitioner,
v.
June CULVER, et al., Respondents.
Supreme Court of Florida.
Robert A. Butterworth, Attorney General, and David R. Herman and Pamela Lutton-Shields, Assistant Attorneys General, Tallahassee, for Petitioner.
Marcia Davis, Gainesville, for Respondents.
OVERTON, Justice.
We have for review Department of Corrections v. Culver,
IN DETERMINING THE APPEALABILITY OF A NONFINAL ORDER DENYING A MOTION FOR SUMMARY JUDGMENT BASED ON WORKERS' COMPENSATION IMMUNITY, ARE WE RESTRICTED TO LOOKING ONLY AT THE ORDER ON APPEAL OR MAY WE REVIEW THE RECORD IN THE MANNER DESCRIBED IN HASTINGS v. DEMMING,682 So.2d 1107 (Fla. 2d DCA 1996).
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
In the instant case, the trial court's order denied without elaboration the Department of Correction's motion for summary judgment on the basis of workers' compensation immunity. The district court noted that a review of the record revealed no disputed issues of material fact. The district court concluded that it had no choice but to dismiss the appeal in light of this Court's recent decision in Hastings v. Demming,
The answer to this certified question may be found within this Court's decision in Hastings v. Demming,
It is so ordered.
HARDING, C.J., and SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
