WILLIAM KENNETH KISER AND CAROLINA FREIGHT CARRIERS CORPORATION, APPELLANTS,
v.
ERNEST JONES, APPELLEE
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SCHWARTZ, Chief Judge.
The defendants below in a personal injury action seek review of a non-final order which granted the plaintiff’s motion for summary judgment solely as to the defendants’ negligence. Since the court, as the plaintiff acknowledges, did not resolve the question of legal causation nor the affirmative defenses raised in the answer, the plaintiff’s right to recover in the action was not established. It is therefore apparent that the order did not determine “the issue of liability in favor of a party seeking affirmative relief,” [e.s.] so as to permit review under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv).
See Lliteras v. Lliteras, 413 So. 2d 859 (Fla. 4th DCA 1982); see generally Travelers Insurance Co. v. Bruns, 443 So. 2d 959 (Fla.1984); Dauer v. Freed, 444 So. 2d 1012 (Fla. 3d DCA 1984).
Accordingly, this court is without jurisdiction and the appeal, sua sponte, is dismissed.
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Liggett Grp. Inc. v. Howard A. Engle, M.D., 853 So. 2d 434 (Fla. 3d DCA 2003)…1983); Stockett v. Tolin, 791 F.Supp. 1536, 1556 (S.D.Fla.1992). Moreover, affirmative defenses must be adjudicated before liability can be established. See Hospital Correspondence Corp. v. McRae, 682 So. 2d 1177 (Fla. 5th DCA 1996); Kiser v. Jones, 488 So. 2d 554 (Fla. 3d DCA 1986). . See supra, page 445. . This has been established during the Phase 2 trial of the individual plaintiffs. As discussed earlier, each of the three plaintiffs had uniquely different circumstances which directly impacted issues of…
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Textron Fin. Corp. v. Alexander, 582 So. 2d 178 (Fla. 3d DCA 1991)…ce, under this order, every other liability issue remains to be determined, it is obvious that it did not determine “the issue of liability in favor of a party seeking affirmative relief” so as to justify review under the cited rule. Kiser v. Jones, 488 So. 2d 554 (Fla. 3d DCA 1986), and cases cited. Accordingly, this court is without jurisdiction and the appeal is dismissed.…
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City OF OPA Locka v. Hill, 590 So. 2d 952 (Fla. 3d DCA 1991)…e. Cf. Textron [*954] Fin. Corp. v. Alexander, 582 So. 2d 178 (Fla. 3d DCA 1991) (where non-final order determined that defendant was vicariously liable for negligence, if any, of other defendant, order does not determine liability); Kiser v. Jones, 488 So. 2d 554 (Fla. 3d DCA 1986) (where order determining that defendant was negligent did not determine issue of causation or affirmative defenses the order did not determine liability). Accordingly, the order determines liability in favor of the party seeking a…1 / 2
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- Travelers Ins. Co. v. Bruns, 443 So. 2d 959 (Fla. 1984)
- Maxwell Dauer and Reva B. Dauer v. Freed, 444 So. 2d 1012 (Fla. 3d DCA 1984)
- Lliteras v. Karolynne M. Lliteras, 413 So. 2d 859 (Fla. 4th DCA 1982)