CSC REALTY PARTNERS, INC. N/K/A CSC CYPRESS FINANCIAL, INC., APPELLANT,
v.
GALLAGHER-COLE ASSOCIATES, INC., APPELLEE
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PER CURIAM.
We reverse the entry of final summary judgment on the appellant’s third party complaint where there are genuine issues of material fact for the fact-finder as to whether the appellee undertook and/or breached a duty of procuring appropriate insurance coverage for the plaintiffs property within a reasonable period of time before the onset of Hurricane Andrew. See Fine Arts Museums Found. v. First Nat’l, 633 So. 2d 1179, 1181 (Fla. 4th DCA) (if the record raises slightest doubt that issue of material fact might exist, then summary judgment is improper), review denied sub nom., Olean Gen. Hosp., Inc. v. Fine Arts Museums Found., 641 So. 2d 1346 (Fla.1994); see also Luckey v. Willis Ins. Agency, 409 So. 2d 1218, 1218 (Fla. 3d DCA 1982) (summary judgment reversed where triable issues with respect to broker’s alleged failure to either procure or maintain adequate coverage remain); deMarlor v. Foley Carter Ins. Co., 386 So. 2d 22, 23 (Fla. 2d DCA 1980) (insurance agent or broker who agrees or undertakes to procure certain insurance coverage owes principal duty to do so within reasonable time).
Reversed and remanded for further proceedings.
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Citator
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Eulo v. State, 786 So. 2d 43 (Fla. 4th DCA 2001)…al from that order as well as the sentence. We first address a jurisdictional problem raised by the state which is that the order denying the rule 3.800(c) motion to mitigate is not appealable. We agree with the state that it is not. Oser v. State, 699 So. 2d 844 (Fla. 4th DCA 1997). The notice of appeal, however, was also directed to the sentence, which is appealable.1 The essence of appellant’s argument is that the plea which she bargained for was 180 days incarceration if she showed up after her furlough…
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Burgos v. State, 765 So. 2d 967 (Fla. 4th DCA 2000)…ot subject to appellate review, ... and, even more plainly, by those cases which hold that no appeal may be taken from the denial of a motion for a reduction of sentence filed under Fla. R.Crim. P. 3.800. Id. (citations omitted). See Oser v. State, 699 So. 2d 844, 845 (Fla. 4th DCA 1997) (noting “orders denying motions to mitigate ... [are] not appealable”); Clewis v. State, 715 So. 2d 1129, 1129 (Fla. 3d DCA 1998) (holding order denying motion for reduction of sentence under Rule 3.800 is not appealable).…
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Riggs v. State, 847 So. 2d 1037 (Fla. 1st DCA 2003)…stakenly basing the denial on a finding of untimeliness. The State correctly notes that an order denying a motion to mitigate sentence is not a directly appealable order. See, e.g., Zamora v. State, 810 So. 2d 1043 (Fla. 3d DCA 2002); Oser v. State, 699 So. 2d 844 (Fla. 4th DCA 1997); Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995); Daniels v. State, 568 So. 2d 63 (Fla. 1st DCA 1990) (dismissing based on finding that district court lacked jurisdiction to review order denying mitigation or reduction of sentenc…
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- The Fine Arts Museums Found. v. First Nat'l IN Palm Beach, 633 So. 2d 1179 (Fla. 4th DCA 1994)
- Calvin deMARLOR v. Foley Carter Ins. Co., 386 So. 2d 22 (Fla. 2d DCA 1980)
- Luckey v. Willis Ins. Agency, Inc., 409 So. 2d 1218 (Fla. 3d DCA 1982)