Opinion
No. 91-1136.
July 23, 1991.
An Appeal from a non-final order of the Circuit Court for Dade County; Bernard S. Shapiro, Judge.
Richard A. Sherman, Pomeroy Pomeroy, and Rosemary Wilder, Fort Lauderdale, for appellants.
Hicks, Anderson Blum and Ralph Anderson, David Burstyn, Miami, for appellees.
Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.
Purportedly pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), the defendants in a personal injury action seek review of a non-final order which summarily determined that one defendant was vicariously liable for the negligence, if any, of another one. Since, under this order, every other liability issue remains to be determined, it is obvious that it did not determine "the issue of liability in favor of a party seeking affirmative relief" so as to justify review under the cited rule. Kiser v. Jones, 488 So.2d 554 (Fla. 3d DCA 1986), and cases cited. Accordingly, this court is without jurisdiction and the appeal is dismissed.