JESSIE DAY, APPELLANT,
v.
FLORIDA INSURANCE GUARANTY ASSOCIATION, JOEL T. SMITH, AND BETTY MAE SMITH, APPELLEES
PER CURIAM.
Plaintiff Day seeks to appeal an order which states “the Defendant, Florida Insurance Guaranty Association’s Motion for Final Summary Judgment be and the same is hereby granted.” This is not a final decision, order, judgment or decree within the contemplation of Fla.R.App.P. 3.2(b). Likewise, this case is not one which formerly would have been cognizable in equity so the order is not subject to an interlocutory appeal. Fla.R.App.P. 4.2(a).
Therefore, we have no jurisdiction, and this appeal is hereby dismissed sua sponte. Rizzuto v. DiPaolo, 357 So. 2d 490 (Fla. 2d DCA, opinion filed Apr. 19, 1978); Arnold v. Brady, 178 So. 2d 732 (Fla. 2d DCA 1965).
GRIMES, Acting C. J., and RYDER and DANAHY, JJ., concur.
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Cont'l Cas. Co. v. Ryan Inc. E., 974 So. 2d 368 (Fla. 2008)…IENTE, J. This Court has for review Ryan Inc. Eastern v. Continental Casualty Co., 910 So. 2d 298 (Fla. 2d DCA 2005), in which the Second District Court of Appeal certified conflict with Western World Insurance Co., Inc. v. Travelers Indemnity Co., 358 So. 2d 602 (Fla. 1st DCA 1978). The conflict issue is whether a surety that pays money on behalf of its principal and is subrogated to any rights the principal has against its own insurer under principles of equitable subrogation is entitled to recover its att…1 / 3
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Zora Mae Arnold v. Louis R. Brady, M.D., 178 So. 2d 732 (Fla. 2d DCA 1965)
- Suburban Vill. Mobile Home Park, Ltd. v. SUN Bank OF Gainesville, 357 So. 2d 490 (Fla. 1st DCA 1978)
- Rosario R. Rizzuto v. DiPAOLO, 357 So. 2d 490 (Fla. 2d DCA 1978)