AETNA FIRE UNDERWRITERS INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
CLIFFORD M. BROWN, APPELLEE
Explore caselaw by topic → Browse Appealability Of Non-Final Orders cases and more on FLexlaw
COWART, Judge.
Appellant appeals an order denying its claim of setoff against an arbitration award for the appellee. The order is not an appealable final order because it does not end the judicial labor in the cause. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974). It is not appealable under section 682.20(l)(c), Florida Statutes, as the appellant contends, because it does not confirm or deny confirmation of the arbitration award. It is not an appealable non-final order under Florida Rule of Appellate Procedure 9.13G(a)(3)(c)(iv) because it does not decide liability in favor of one seeking affirmative relief, but instead denies a claim against the party.
Until the lower court confirms or denies the arbitration award, this court has no jurisdiction. The appellee’s motion to dismiss is granted and the appeal is
DISMISSED.
ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
TOM Davis OF Fla., Inc. v. The Trails, Inc., 577 So. 2d 601 (Fla. 5th DCA 1991)…ties appeal and cross-appeal the trial court’s order rendered November 9, 1989. We dismiss both appeals upon our determination that the order appealed from does not end the judicial labor in the cause. Aetna Fire Underwriters Insurance Co. v. Brown, 392 So. 2d 53 (Fla. 5th DCA 1981), citing S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974). [*602] While the order does make certain findings of fact and conclusions of law, it is apparent that, to bring the judicial labors to a conclusion, a judgment with…
Authorities Cited
- S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)