TIBOR STERNBERG AND SANDRA STERNBERG, APPELLANTS,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE

Fla. 4th DCA | 2005-04-27
No. 4D04-917
GUNTHER, POLEN and HAZOURI, JJ., concur.
900 So. 2d 732 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiffs, Tibor and Sandra Stern-berg, appeal from the final judgment entered upon a jury verdict against them in their action for uninsured motorist coverage against Allstate Insurance Company. They raise three points on appeal and we affirm on all points. We choose to address only one.

The Sternbergs argue that the trial court erred in requiring them to prove a permanent injury under sections 627.727(7) and 627.737(2), Florida Statutes (1999). They assert that, under the statutes, permanency is not a prerequisite to recovery of non-economic damages from a party’s uninsured motorist carrier for injuries caused by an uninsured motorist without liability or PIP coverage. This point is controlled by State Farm Mutual Automobile Insurance Co. v. Dixon, 732 So. 2d 1 (Fla. 3d DCA 1999), which held that if the policy providing UM coverage limited coverage for non-economic damages to injuries as described in section 627.737(2), then permanency is an issue which must be decided by the jury.

Affirmed.

GUNTHER, POLEN and HAZOURI, JJ., concur.


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  • Adams v. State, 942 So. 2d 1024 (Fla. 4th DCA 2006)
    …tion, the motion shall not be affected by filing of notice of appeal from judgment of guilt, notice of appeal shall be treated as prematurely filed, and appeal held in abeyance until entry of order disposing of such motion); see also Smith v. State, 900 So. 2d 732, 733 (Fla. 4th DCA 2005) (where timely motion to withdraw plea is pending when notice of appeal is filed, trial court still has jurisdiction to decide motion). Reversed. SHAHOOD and TAYLOR, JJ., concur.…
  • Bolden v. State, 10 So. 3d 710 (Fla. 5th DCA 2009)
    …his sentence, Bolden moved to withdraw his plea. Five days later, and before the motion could be heard, Bolden filed a notice of appeal. The trial court erroneously ruled that it lacked jurisdiction to hear the motion. Id.; see also Smith v. State, 900 So. 2d 732, 733 (Fla. 4th DCA 2005) (recognizing that where timely motion to withdraw plea is pending when notice of appeal is filed, trial court still has jurisdiction to decide motion). Accordingly, we reverse for consideration of the motion to withdraw plea…

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