AETNA CASUALTY & SURETY CO. AND MORTON INSURANCE AGENCY, INC., APPELLANTS,
v.
JOHN MEYER, APPELLEE; JOHN MEYER, APPELLANT, V. AETNA CASUALTY & SURETY CO. AND MORTON INSURANCE AGENCY, INC., APPELLEES
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PER CURIAM.
The order in Case No. 80-596 granting John Meyer’s motion for summary judgment and determining that he is entitled to recover damages from Aetna Casualty & Surety Co. is affirmed. Meyer’s interlocutory appeal in Case No. 80-662 from the trial court’s order which (a) denied Meyer’s motion for summary judgment against Morton Insurance Agency, Inc. and (b) granted Morton’s motion for summary judgment against Meyer is dismissed. An order denying or granting a motion for summary judgment is not an appealable final order. Donnell v. Industrial Fire & Casualty Company, 378 So. 2d 1344 (Fla.3d DCA 1980); Kessler v. Gumenick, 358 So. 2d 1167 (Fla.3d DCA 1978); Shupack v. Allstate Insurance Company, 356 So. 2d 1298 (Fla.3d DCA 1978).
Moreover, since the order granting Morton’s motion for summary judgment did not determine an issue of liability in favor of the party seeking affirmative relief (Meyer), it is not an appeal-able non-final order order. Fla.R.App.P. 9.130(a)(3). Shupack v. Allstate Insurance Company, supra. See York Insurance Company v. Becker, 364 So. 2d 858 (Fla.2d DCA 1978).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980)…ided derives primarily from the long and unsullied line of Florida authorities holding that an order which merely grants a motion for summary judgment and does not enter the judgment itself is not final. See Aetna Casualty & Surety Company v. Meyer, 385 So. 2d 10 (Fla. 3d DCA 1980); Donnell v. Industrial Fire and Casualty Company, 378 So. 2d 1344 (Fla. 3d DCA 1980), and cases collected therein. Obviously implicit in any order granting a motion for summary judgment is that it is with prejudice. Therefore, ins…
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Tucker v. Resha, 610 So. 2d 460 (Fla. 1st DCA 1992)…ecisions afforded yet other avenues than cer-tiorari relief for immediate review. See McLin; Henke. Under Florida rules, however, an order denying a motion for summary judgment is not an appealable final order. Aetna Casualty & Surety Co. v. Meyer, 385 So. 2d 10, 11 (Fla. 3d DCA 1980). Although Fla.R.App.P. 9.030(b)(1) provides for appellate jurisdiction over “non-final orders of circuit courts as prescribed by Rule 9.130,” an order denying a motion for summary judgment is not among those non-final orders r…
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Maxwell Dauer and Reva B. Dauer v. Freed, 444 So. 2d 1012 (Fla. 3d DCA 1984)…Rule 9.130(a)(3)(C)(iv). Although it is abundantly clear that under the above rule a defendant has the right to appeal an adverse summary judgment on liability which has been entered against him without'a trial, Aetna Casualty & Surety Co. v. Meyer, 385 So. 2d 10 (Fla. 3d DCA 1980); State Farm Mutual Automobile Insurance Co. v. Kraver, 364 So. 2d 1259 (Fla. 3d DCA 1978); York Insurance Co. v. Becker, 364 So. 2d 858 (Fla. 2d DCA 1978), or an order denying a defense motion to vacate a clerk's default which has…1 / 2
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shupack v. Allstate Ins. Co., 356 So. 2d 1298 (Fla. 3d DCA 1978)
- Maltzman v. Pickett, 378 So. 2d 1344 (Fla. 3d DCA 1980)
- York Ins. Co. v. Becker, 364 So. 2d 858 (Fla. 2d DCA 1978)
- Kessler v. Gumenick, 358 So. 2d 1167 (Fla. 3d DCA 1978)
- Sims Crane Serv., Inc. v. Am-Cal Constr. Co., 358 So. 2d 1167 (Fla. 1st DCA 1978)