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State Farm Florida Insurance v. Mix

District Court of Appeal of Florida, First District
May 8, 2006
928 So. 2d 488 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D06-0645.

May 8, 2006.

An appeal from the Circuit Court for Santa Rosa County. Ronald V. Swanson, Judge.

Guy E. Burnette, Jr., Tallahassee and Elizabeth K. Russo of Russo Appellate Firm, Miami, for Appellant.

Robert M. Loehr of Levin, Papantonio, Thomas, Mitchell, Echsner and Proctor, Pensacola, and William F. Merlin, Jr. of Merlin Law Group, Tampa, for Appellees.


Having considered the appellant's response to this Court's order of February 23, 2006, the Court has determined that the order on appeal is not an appealable partial final judgment. Specifically, any additional claim or claims based on "other coverages under the policy," which remain pending in the lower tribunal at this time, and which arise out of the same contract for insurance and from the same incident causing loss are necessarily related to the claim applying the Valued Policy Law, Section 627.702, Florida Statutes, to the contract. See generally Mierzwa v. Florida Windstorm Underwriting Ass'n, 877 So.2d 774, 779 (Fla. 4th DCA 2004) (noting that the resolution of an Ordinance or Law Coverage claim under a windstorm insurance policy is related to the decision on the Valued Policy Law issue). Accordingly, the appeal is hereby DISMISSED for lack of jurisdiction.

ERVIN, VAN NORTWICK, and BROWNING, JJ., concur.


Summaries of

State Farm Florida Insurance v. Mix

District Court of Appeal of Florida, First District
May 8, 2006
928 So. 2d 488 (Fla. Dist. Ct. App. 2006)
Case details for

State Farm Florida Insurance v. Mix

Case Details

Full title:STATE FARM FLORIDA INSURANCE COMPANY, Appellant, v. Sydney Earl MIX and…

Court:District Court of Appeal of Florida, First District

Date published: May 8, 2006

Citations

928 So. 2d 488 (Fla. Dist. Ct. App. 2006)