          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D17-2836
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THE FLORIDA LOTTERY,

    Appellant,

    v.

SENECA ONE, LLC, and RHONDA
MORTIMER-BUCKNER,

    Appellees.
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On appeal from the Circuit Court for Leon County.
Charles Dodson, Judge.

                           June 4, 2018


PER CURIAM.

     This appeal is dismissed for lack of jurisdiction because the
non-final order under review did not explicitly determine, as a
matter of law, that Appellant, The Florida Lottery, was not
entitled to sovereign immunity, a point which Appellant concedes.
See Fla. Highway Patrol, a Div. of the Fla. Dep’t of Highway Safety
& Motor Vehicles v. Jackson, 238 So. 3d 430 (Fla. 1st DCA 2018)
(dismissing the appeal filed pursuant to Florida Rule of Appellate
Procedure 9.130(a)(3)(C)(xi) where the non-final order being
challenged did not explicitly determine, as a matter of law, that
the appellant was not entitled to sovereign immunity); see also Fla.
Agency for Health Care Admin. v. McClain, 1D16-474, 2018 WL
1833386, at *2 (Fla. 1st DCA Apr. 18, 2018) (“Because the court
here did not explicitly indicate on the face of the order that it was
denying sovereign immunity as a matter of law, the order is not
appealable.”). The trial court may enter an amended order
explicitly stating on its face that Appellant is not entitled to
sovereign immunity, if that was the substance of the trial court’s
determination. See id. at *3.

    DISMISSED.

LEWIS, MAKAR, and M.K. THOMAS, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Pamela Jo Bondi, Attorney General, Rachel Nordby, Deputy
Solicitor General, Tallahassee, for Appellant.

W. Mason and Megan A. McNamara of Fox Rothschild, LLP, West
Palm Beach, for Appellee Seneca One, LLC.




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