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September 6, 2012
Jose Lazaro Rodriguez v. Miami-Dade County
Mr. Rodriguez was shot by a police officer after a burglar alarm was triggered at Mr. Rodriguez's business. He sued the county, alleging negligence. The county argued it was shielded by sovereign immunity. The trial court denied the county's motion for summary judgment but the Third District Court of Appeal overturned that ruling. The 3rd DCA also certified conflict with decisions from other District Courts of Appeal pertaining to whether an appellate court can use certiorari jurisdiction to review this type of nonfinal order. Mr. Rodriguez asked this Court to review that decision.