Summary
noting that an order granting intervention is a non-final order
Summary of this case from Fed. Nat'l Mortg. Ass'n v. GallantOpinion
No. 89-1802.
November 19, 1989. On Motion for Rehearing March 7, 1990.
BY ORDER OF THE COURT:
ORDERED that intervenor/appellee, STATE FARM FIRE AND CASUALTY COMPANY'S motion to dismiss appeal for lack of jurisdiction is granted and this appeal from the Circuit Court for Dade County, Florida (Case No. 87-32504) is hereby dismissed without prejudice to the plaintiff initiating an action against the insuror, under Section 627.7262 Fla. Stat., after obtaining a final judgment against the insureds.
COPE, LEVY and GERSTEN, JJ., concur.
ON MOTION FOR REHEARING
Upon consideration, appellant's motion for rehearing is granted upon a determination that the final order of intervention is a non-final order. See Allstate Ins. Co. v. Collier, 405 So.2d 311, 312 (Fla. 4th DCA 1981). We relinquish jurisdiction to the trial court for thirty days for entry of a final judgment.