INTERAMERICAN CAR RENTAL, INC., APPELLANT,
v.
JAMES O'BRIEN AND LINDA O'BRIEN, HIS WIFE, PERFECT CUT GLASS SHOP CORP., AND JOSE A. GARCIA, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Interamerican Car Rental appealed from a partial summary judgment establishing the existence of uninsured motorist coverage in a suit for uninsured motorist benefits. The court dismissed the appeal for lack of an appealable order, holding that a partial summary judgment determining insurance coverage is not final and thus not appealable under Florida Rules of Appellate Procedure until a final judgment disposing of all claims is entered.
The partial summary judgment is not an appealable order because it does not constitute a final judgment disposing of the plaintiffs' claims against Interamerican. Interamerican may appeal only after entry of a final judgment in the case.
[1] A partial summary judgment establishing the existence of insurance coverage, but not determining liability or disposing of all claims, is not an appealable order.
[2] An order granting a partial summary judgment on the issue of insurance coverage is not appealable when no final judgment has been entered disposing of the underlying clai…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a partial summary judgment establishing the existence of insurance coverage "did not determine the issue of liability in favor of a party seeking affirmative relief and, thus, was not appealable under rule 9.130[, Florida Rules of Appellate Procedure]"”
Establishes the controlling legal principle that partial summary judgments on insurance coverage are not appealable
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJames O'Brien was injured in an automobile accident while driving a car leased by the City of Miami from Interamerican Car Rental. O'Brien sued Intera…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Partial Summary Judgment cases and more on FLexlaw
COPE, Judge.
We dismiss the appeal for want of an appealable order. Plaintiff James O’Brien was in an automobile accident while driving a car leased by the City of Miami from defendant Inter-american Car Rental, Inc. Plaintiff sued Interamerican for uninsured motorist benefits.1 Co-plaintiff Linda O’Brien sued for loss of consortium. Interamerican counterclaimed for a declaratory judgment that it was not obliged to provide any uninsured motorist coverage.
Plaintiffs moved for a partial summary judgment on the existence of uninsured motorist coverage. Interamerican moved for summary judgment on the same issue. The trial court entered an order “finding the existence of uninsured motorist coverage for the Plaintiff’s injuries arising from the subject accident with limits up to $100,-000.00.” 2
Under the controlling and indistinguishable authority of Travelers Insurance Co. v. Bruns, 443 So. 2d 959 (Fla.1984), we dismiss the appeal. Bruns holds that a partial summary judgment establishing the existence of insurance coverage “did not determine the issue of liability in favor of a party seeking affirmative relief and, thus, was not appealable under rule 9.130[, Florida Rules of Appellate Procedure].” Id. at 960; see also Liberty Mutual Insurance Co. v. Lone Star Industries, Inc., 556 So. 2d 1122 (Fla. 3d DCA 1990); Ogur v. Mogel, 390 So. 2d 105 (Fla. 3d DCA 1980). Since there is no reviewable order under Rule 9.130, and since no final judgment has been entered disposing of plaintiff’s claims against Interamerican, there is no appeal-able order at this time.
Interamerican cites State Farm Mutual Automobile Insurance Co. v. Hinestrosa, 614 So. 2d 633 (Fla. 4th DCA1993). In that case, however, the insurer filed an independent action for declaratory judgment on the issue of coverage. The trial court entered a final judgment. Once that was done, there was an appealable order. Here there is no final judgment.3 Interamerican argues that it has a right to appeal at this time because there has been a ruling on Interamerican's counterclaim for declaratory judgment. To the contrary, no appeal lies at this time because the counterclaim is not distinct or severable. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 100 (Fla.1974); Northcutt v. Pathway Financial, 555 So. 2d 368, 369 (Fla. 3d DCA1989), review denied, 563 So. 2d 633 (Fla.1990).4
In the present case the plaintiffs have brought a suit for money damages against Interamerican. The trial court has entered an order determining the existence of insurance coverage, but there is not yet a judgment which finally disposes of plaintiffs’ claims against Interamerican. Inter-american may not appeal at this time, but may appeal after entry of final judgment in the case.
Appeal dismissed.
. The suit also named as defendants the alleged tortfeasors, Perfect Cut Glass Shop Corporation and Jose A. Garcia. Those claims are not at issue here.
. We strike that part of the order which erroneously indicates that it is a "final summary judgment.” The motion granted by the trial court was plaintiffs’ motion for partial summary judgment. No final judgment has been entered.
.Interamerican also relies on Diversified Services v. Avila, 606 So. 2d 364 (Fla.1992), and Lipof v. Florida Power & Light Co., 596 So. 2d 1005 (Fla.1992). In each of those cases, however, the appeal was from a final judgment in favor of the defendant.
. Interamerican also cites Georgia American Insurance Co. v. Rios, 491 So. 2d 1290 (Fla. 2d DCA1986). On the unusual facts of that case, the court found that “there is no further order to be entered with respect to Georgia Ameri-can.” Id. at 1291. The Second District therefore ruled that there was a reviewable order in that case. That is not the situation here.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Am. Heritage Life Ins. Co. v. Hall, 66 So. 3d 1011 (Fla. 5th DCA 2011)…PER CURIAM. The appeal in case number 09-3493 was filed prematurely because the order was not final at the time it was filed. Interamerican Car Rental, Inc. v. O’Brien, 618 So. 2d 760 (Fla. 3d DCA 1993). Nevertheless, the order became final when the final judgment was entered in case number 09-3555. Accordingly, we consolidate these appeals, sua sponte, and affirm as to all issues in both appeals. AFFIRMED. SAWAYA, TORPY and…
Authorities Cited
- S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)
- Travelers Ins. Co. v. Bruns, 443 So. 2d 959 (Fla. 1984)
- Northcutt v. Pathway Fin., 555 So. 2d 368 (Fla. 3d DCA 1989)
- State Farm Mut. Auto. Ins. Co. v. Jandy Hinestrosa and George Hinestrosa, 614 So. 2d 633 (Fla. 4th DCA 1993)
- Ogur v. Mollie Mogel, 390 So. 2d 105 (Fla. 3d DCA 1980)
- Diversified Servs., Inc. v. Alida Avila, 606 So. 2d 364 (Fla. 1992)
- Lipof v. Fla. Power & Light Co., 596 So. 2d 1005 (Fla. 1992)
- Ga. Am. Ins. Co. v. Rios, 491 So. 2d 1290 (Fla. 2d DCA 1986)
- Liberty Mut. Ins. Co. v. Lone Star Indus., Inc., 556 So. 2d 1122 (Fla. 3d DCA 1989)