UNITED STATES FIDELITY AND GUARANTY CO., APPELLANT,
v.
JAMES SLOAN, ET AL., APPELLEE
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The court held that it lacks jurisdiction to review an order determining uninsured motorist coverage when liability has not yet been determined.
Appellant sought review of a trial court order that determined the amount of uninsured motorist coverage under two insurance policies. The issue of li…
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WENTWORTH, Judge.
Appellant seeks review of an order which determines the amount of uninsured motorist coverage which exists pursuant to two policies of insurance. The order was entered on joint motion for summary judgment as to the issue of insurance coverage; the issue of liability has not yet been determined, and awaits final hearing on the merits. We conclude that we are without jurisdiction to review the contested order and dismiss the appeal sua sponte.
Jurisdiction to review a trial court’s non-final order is prescribed by Fla.R.App.P. 9.130,1 the terms of which do not permit an appeal in the circumstances of this case. Subsection (a)(3)(C)(iv) of that rule has been construed as not permitting review of orders which address the issue of insurance coverage without determining liability. State Farm Mutual Automobile Insurance Co. v. Morris, 370 So. 2d 828 (Fla. 1st DCA 1979). Although Fidelity Casualty Co. v. Scott, 386 So. 2d 315 (Fla. 1st DCA 1980), permitted interlocutory appeal of a work ers’ compensation order on the issue of insurance coverage, we would now conclude that Rule 9.130(a)(3)(C)(iv) does not authorize review of such an order by appeal.2
Accordingly, the appeal is dismissed.
McCORD and LARRY G. SMITH, JJ., concur. . See Fla.R.App.P. 9.030(b)(1)(B).
. We also note that Rule 9.030(b)(1)(B) has since been amended so as to limit the applicability of Rule 9.130 only to orders of circuit courts. Review of such non-final workers’ compensation orders may now be sought by invoking this court’s certiorari jurisdiction.
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Cited By (12 total)
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Travelers Ins. Co. v. Bruns, 443 So. 2d 959 (Fla. 1984)…y in favor of a party seeking affirmative relief and, thus, was nonappealable under rule 9.130. In so holding, the district court aligned itself with the first and third district courts of appeal decisions in U.S. Fidelity and Guaranty Co. v. Sloan, 410 So. 2d 549 (Fla. 1st DCA 1982) and Ogur v. Mogel, 390 So. 2d 105 (Fla. 3d DCA 1980). The district court recognized and certified express conflict with Summers and Garner. For the reasons below, we approve the district court decision and disapprove Summers and…
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The Wash House & S.C. Ins. Co. v. Tucker, 413 So. 2d 813 (Fla. 1st DCA 1982)…ble procedural rules, Rules 9.030(b)(1)(B) and 9.130(a)(3)(C)(iv), Florida Rules of Appellate Procedure, do not authorize direct review by this court of non-final orders of a deputy commissioner. See United States Fidelity and Guaranty Co. v. Sloan, 410 So. 2d 549 (Fla. 1st DCA, 1982). Consequently, we dismiss the employer/carrier’s appeal for lack of jurisdiction, because it attempts to appeal a nonap-pealable interlocutory order. Appellee’s timely cross-appeal as to the propriety of an award of temporary…
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Mills Elec. Contractors & Old Republic Ins. Co. v. Marthens, 417 So. 2d 700 (Fla. 1st DCA 1982)…JJ., concur. . Review of non-final workers’ compensation orders may now be sought by invoking this court’s certiorari jurisdiction. Rule 9.030(b)(2)(A), Florida Rules of Appellate Procedure; see United States Fidelity & Guaranty Company v. Sloan, 410 So. 2d 549 (Fla. 1st DCA 1982).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cavanaugh v. State, 386 So. 2d 315 (Fla. 2d DCA 1980)
- State Farm Mut. Auto. Ins. Co. v. Morris, 370 So. 2d 828 (Fla. 1st DCA 1979)