TEXTRON FINANCIAL CORPORATION, ETC., ET AL., APPELLANTS,
v.
SYLVIA ALEXANDER ETC., ET AL., APPELLEES
TEXTRON FINANCIAL CORPORATION, ETC., ET AL., APPELLANTS,
SYLVIA ALEXANDER ETC., ET AL., APPELLEES
582 So. 2d 178
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 6 cases
Opinion of the Court
SCHWARTZ, Chief Judge.
Purportedly pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), the defendants in a personal injury action seek review of a non-final order which summarily determined that one defendant was vicariously liable for the negligence, if any, of another one. Since, 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF OPA Locka v. Hill, 590 So. 2d 952 (Fla. 3d DCA 1991)…is granted a judgment on liability in her favor as a matter of law on Counts I and IV of the Amended Complaint.” The City’s liability is not dependent on any further determination as to Hill’s negligence. 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 th…1 / 2
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Baptist Hosp. v. Yallelus, 625 So. 2d 993 (Fla. 3d DCA 1993)…COPE, Judge (specially concurring). I concur in the dismissal of the appeal by Baptist Hospital on authority of City of Opa Locka v. Hill, 590 So. 2d 952 (Fla. 3d DCA 1991); Textron Financial Corp. v. Alexander, 582 So. 2d 178 (Fla. 3d DCA 1991); and Kiser v. Jones, 488 So. 2d 554 (Fla. 3d DCA 1986). The partial summary judgment determined that Baptist Hospital is vicariously liable for the acts of Dr. Menendez, but there is as yet no determination that Dr. Menendez was n…
Authorities Cited
- Paulino Granda v. State, 488 So. 2d 554 (Fla. 3d DCA 1986)
- Kiser v. Jones, 488 So. 2d 554 (Fla. 3d DCA 1986)