Parker v. City Of Apopka, No. 15-13721 (11th Cir. 2016)Annotate this Case
Plaintiffs filed suit against various local government defendants, claiming unjust enrichment and seeking disgorgement of traffic fines plaintiffs allege were imposed in violation of Florida law. The district court denied defendants' motion to dismiss based on sovereign immunity. The court held in CSX Transp., Inc. v. Kissimmee Util. Auth., that an order denying Florida sovereign immunity is not immediately appealable under the collateral order doctrine. Because CSX is still controlling on that point of law, the court lacked jurisdiction over the appeal. The court also denied defendants' motion for a frivolity determination and sanctions because the jurisdictional argument raised by defendants is not entirely meritless.