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First Oak Brook Corp. v. Swiss Beach

District Court of Appeal of Florida, Fourth District
Nov 16, 1994
644 So. 2d 1030 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-0891.

November 16, 1994.

Appeal of a non-final order from the Circuit Court of Broward County; Patricia W. Cocalis, Judge.

Philip D. Parrish of Stephens, Lynn, Klein McNicholas, P.A., Miami, for appellant.

Michael R. Piper of Johnson, Anselmo, Murdoch, Burke George, P.A., Fort Lauderdale, for appellee.


ON MOTION TO DISMISS


An insurer has appealed a non-final order which determines that the insured was not barred from recovering under the policy because of a failure to comply with a condition precedent. The insurer argues that we have jurisdiction because the order determines liability in favor of a party seeking affirmative relief and is thus appealable under Fla. R.App.P. 9.130(a)(3)(C)(iv). The problem with insurer's position is that other liability issues, such as whether the claim is covered, remain pending before the trial court. As we recently said in Winkelman v. Toll, 632 So.2d 130, 131 (Fla. 4th DCA 1994):

Rule 9.130(a)(3)(C)(iv), authorizes the appeal of non-final orders which determine `the' issue of liability, not `an' issue of liability.

We therefore dismiss the appeal.

HERSEY, GUNTHER and KLEIN, JJ., concur.


Summaries of

First Oak Brook Corp. v. Swiss Beach

District Court of Appeal of Florida, Fourth District
Nov 16, 1994
644 So. 2d 1030 (Fla. Dist. Ct. App. 1994)
Case details for

First Oak Brook Corp. v. Swiss Beach

Case Details

Full title:FIRST OAK BROOK CORP. SYNDICATE, INC., ETC., APPELLANT, v. SWISS BEACH…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 16, 1994

Citations

644 So. 2d 1030 (Fla. Dist. Ct. App. 1994)