Duke v. Russell

District Court of Appeal of Florida

Decided November 19, 1989

District Court of Appeal of Florida · decided 1989-11-19

Cited by 1 later decisions — most recently February 2017

1 state decisions

Relies on Allstate Ins. Co. v. Collier

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-19

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¶1BY ORDER OF THE COURT:

¶2ORDERED 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.

¶3ON MOTION FOR REHEARING

¶4Upon 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.