TRAVELERS INSURANCE COMPANY, APPELLANT,
v.
HELEN A. BRUNS, ETC., APPELLEE
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THE COURT:
The non-final order we are asked to review is not one of those enumerated in Rule 9.130, Florida Rules of Appellate Procedure. Nor is the alleged error one amenable to certiorari jurisdiction.
Accordingly, this appeal is hereby dismissed.
PER CURIAM.
In this action against the driver of an automobile and her insurance company to recover damages for personal injuries the question of insurance coverage was decided adversely to defendant’s insurer by summary judgment appealed here. In our view such an order is not one of those contemplated by Rule 9.130(a)(3)(C)(iv), Florida Rules of Appellate Procedure. We therefore follow the lead of the third district, exemplified by Ogur v. Mogel, 390 So. 2d 105 (Fla. 3d DCA 1980) and certify that an express conflict is thus created between the present case and Alamo Rent-a-Car, Inc. v. Summers, 404 So. 2d 131 (Fla. 2d DCA 1981) and P. & H. Vehicle Rental and Leasing Corp. v. Garner, 416 So. 2d 503 (Fla. 5th DCA 1982).
We further acknowledge that we indicated a contrary view in Gallahad Associates v. Rose, 392 So. 2d 44 (Fla. 4th DCA 1980) but in doing so we relied on State Farm Mutual Auto Ins. Co. v. American Hardware, 345 So. 2d 726 (Fla.1977), a case decided prior to revision of the rules and adoption of the rule we rely on here.
Accordingly, the petition for rehearing is denied.
LETTS, C.J., and HERSEY and DELL, JJ., concur.
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Travelers Ins. Co. v. Bruns, 443 So. 2d 959 (Fla. 1984)…PER CURIAM. Petitioner seeks review of Travelers Insurance Company v. Bruns, 429 So. 2d 317 (Fla. 4th DCA 1983), on the ground of direct and express conflict with P & H Vehicle Rental and Leasing Corp. v. Garner, 416 So. 2d 503 (Fla. 5th DCA 1982), and Alamo Rent-A-Car, Inc. v. Summers, 404 So. 2d 131 (Fla. 2d DCA 1981). We have jurisdicti…
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Canal Ins. Co. v. Reed, 653 So. 2d 1085 (Fla. 1st DCA 1995)…orari in accordance with Rule 9.040(c).4 Indeed, one may fairly conclude that the court considered and rejected the possibility of review by certiorari, because the Fourth District said as much when it reviewed the case. Travelers Ins. Co. v. Bruns, 429 So. 2d 317 (Fla. 4th DCA 1982). The supreme court approved the decision of the district court. Bruns, 443 So. 2d at 961. Denial of certiorari is also consistent with prior decisions of this court. See Dairyland Ins. Co. v. McKenzie, 251 So. 2d 887 (Fla. 1st DC…
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Agency Rent-A-Car, Inc. v. Braverman, 480 So. 2d 121 (Fla. 4th DCA 1985)…rmining coverage without a finding of actual liability are not reviewable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). Florida Power & Light Company v. Hogue, 438 So. 2d 975 (Fla. 4th DCA 1983); Travelers Insurance Company v. Bruns, 429 So. 2d 317 (Fla. 4th DCA 1982); see also United States Fidelity & Guaranty Co. v. Sloan, 410 So. 2d 549 (Fla. 1st DCA 1982). This order would be appropriately here by plenary appeal. Nor is the order in question one for which review by certiorari lies. In Ma…
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- Ogur v. Mollie Mogel, 390 So. 2d 105 (Fla. 3d DCA 1980)
- P & H Vehicle Rental & Leasing Corp. v. Garner, 416 So. 2d 503 (Fla. 5th DCA 1982)
- Alamo Rent-A-Car, Inc. v. Summers, 404 So. 2d 131 (Fla. 2d DCA 1981)
- Gort v. State, 345 So. 2d 726 (Fla. 1977)
- Gallahad Assocs. v. Rose, 392 So. 2d 44 (Fla. 4th DCA 1980)
- State Farm Mut. Auto. Ins. Co. & Penny Lynn Maddox v. Am. Hardware Mut. Ins. Co., 345 So. 2d 726 (Fla. 1977)