UNITED BUILDING SYSTEMS, INC., APPELLANT,
v.
CANAM SYSTEMS, INC., APPELLEE

Fla. 5th DCA | 1981-06-03
No. 80-658
DAUKSCH, C. J., and COWART, J., concur.
400 So. 2d 505 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 22 cases


Opinion of the Court
ORFINGER, Judge.

ORFINGER, Judge.

The partial summary judgment appealed from in this action for breach of contract did not determine the issue of liability in favor of the moving party, but only determined the amount of the debt, leaving open for later determination the issue of liability for the debt.1 Thus, this non-final order is not appealable.2

In dismissing this appeal, we do not pass on the correctness of the trial court’s conclusion in the partial summary judgment or determine if there is an issue of fact as to the amount of the debt, because these matters can be appropriately reviewed on appeal from a final judgment.

Appeal DISMISSED.

DAUKSCH, C. J., and COWART, J., concur. . The order granting the partial summary judgment also gave appellant leave to amend its answer and affirmative defenses, which is further evidence that the issue of liability was not decided.

. Fla.R.App.P. 9.130(a)(3).


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Citator

Cited By (11 total)

  • Gen. Accident Ins. Co. of Am. v. Taplis, 493 So. 2d 32 (Fla. 5th DCA 1986)
    …ice to the insurer. See American Fire & Casualty Co. v. Sinz, 487 So. 2d 340 (Fla. 4th DCA 1986); Gould v. Prudential Property & Casualty Ins. Co., 443 So. 2d 127 (Fla. 5th DCA 1983), [*33] review denied, 451 So. 2d 848 (Fla.1984); Tucker v. Seward, 400 So. 2d 505 (Fla. 5th DCA 1981); Southeastern Fidelity Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981); Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (Fla.1969); McInnis v. State Farm Mutual Autom…
  • Watherwax v. Allstate Ins. Co., 538 So. 2d 108 (Fla. 2d DCA 1989)
    …ummary judgment and we, accordingly, reverse and remand for further proceedings. Holl; Kaplan; Gorman v. Albertson’s, Inc., 519 So. 2d 1119 (Fla. 2d DCA 1988); General Accident Ins. Co. v. Taplis, 493 So. 2d 32 (Fla. 5th DCA 1986); Tucker v. Seward, 400 So. 2d 505 (Fla. 5th DCA 1981). REVERSED AND REMANDED. CAMPBELL, C.J., and PATTERSON, J., concur. . Since we find that the two affidavits executed by the tortfeasor were sufficient to create a material issue of fact, it is not necessary for us to consider A…
  • Gould v. Prudential Prop. & Cas. Ins. Co., 443 So. 2d 127 (Fla. 5th DCA 1983)
    …prejudiced by the alleged unauthorized settlement. Summary judgment, however, was entered in favor of Prudential. On appeal, Gould argues that genuine issues of material fact exist as to whether Prudential has been prejudiced. In Tucker v. Seward, 400 So. 2d 505 (Fla. 5th DCA 1981), this court stated that a violation of the policy provisions of uninsured motorist coverage is not conclusive of the insurer’s responsibilities if there has been no prejudice to the insurer. See Southeastern Fidelity Ins. Co. v.…

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