FLORIDA POWER & LIGHT COMPANY, APPELLANT,
v.
EMERY F. HOGUE, APPELLEE
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PER CURIAM.
Florida Power & Light Company attempts to appeal a non-final order which finds that they are liable to Hogue for insurance coverage. The company asserts that this court has jurisdiction to review such an order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) and Gallahad Associates v. Rose, 392 So. 2d 44 (Fla. 4th DCA 1980). In Travelers Insurance Co. v. Bruns, 429 So. 2d 317 (Fla. 4th DCA 1983), this court distinguished Rose and held that, under Rule 9.130(a)(3)(C)(iv), this court does not have jurisdiction to review these orders. We also decline to review. this order through certiorari. We acknowledge that this opinion and Brans are in direct conflict with Alamo Rent-a-Car, Inc. v. Summers, 404 So. 2d 131 (Fla. 2d DCA 1981), and P. & H. Vehicle Rental and Leasing Corp. v. Garner, 416 So. 2d 503 (Fla. 5th DCA 1982).
Accordingly, this appeal is hereby dismissed for lack of jurisdiction.
ANSTEAD, C.J., and HERSEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Agency Rent-A-Car, Inc. v. Braverman, 480 So. 2d 121 (Fla. 4th DCA 1985)…verage nevertheless appear analogous. This court has held that orders determining coverage without a finding of actual liability are not reviewable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). Florida Power & Light Company v. Hogue, 438 So. 2d 975 (Fla. 4th DCA 1983); Travelers Insurance Company v. Bruns, 429 So. 2d 317 (Fla. 4th DCA 1982); see also United States Fidelity & Guaranty Co. v. Sloan, 410 So. 2d 549 (Fla. 1st DCA 1982). This order would be appropriately here by plenary appeal. N…
Authorities Cited
- P & H Vehicle Rental & Leasing Corp. v. Garner, 416 So. 2d 503 (Fla. 5th DCA 1982)
- Alamo Rent-A-Car, Inc. v. Summers, 404 So. 2d 131 (Fla. 2d DCA 1981)
- Travelers Ins. Co. v. Bruns, 429 So. 2d 317 (Fla. 4th DCA 1982)
- Gallahad Assocs. v. Rose, 392 So. 2d 44 (Fla. 4th DCA 1980)