Summary
In U.S. Fidelity and Guarantee Co. v. Sloan, 410 So.2d 549, this court held that an order that determines the amount of uninsured motorist coverage that exists pursuant to two policies of insurance entered on joint motion for summary judgment as to the issue of insurance coverage before the issue of liability had been determined was not the type of non-final order reviewable under rule 9.130(a)(3)(C)(iv), and dismissed the appeal sua sponte.
Summary of this case from BE & K, Inc. v. Seminole Kraft Corp.Opinion
No. AB-232.
February 9, 1982. Rehearing Denied March 24, 1982.
Appeal from the Circuit Court, Escambia County, M.C. Blanchard, J.
Danny L. Kepner of Shell, Fleming, Davis Menge, Pensacola, for appellant.
Philip A. Bates of Emmanuel, Sheppard Condon, Pensacola, for appellee.
Appellant seeks review of an order which determines the amount of uninsured motorist coverage which exists pursuant to two policies of insurance. The order was entered on joint motion for summary judgment as to the issue of insurance coverage; the issue of liability has not yet been determined, and awaits final hearing on the merits. We conclude that we are without jurisdiction to review the contested order and dismiss the appeal sue sponte.
Jurisdiction to review a trial court's non-final order is prescribed by Fla.R.App.P. 9.130, the terms of which do not permit an appeal in the circumstances of this case. Subsection (a)(3)(C)(iv) of that rule has been construed as not permitting review of orders which address the issue of insurance coverage without determining liability. State Farm Mutual Automobile Insurance Co. v. Morris, 370 So.2d 828 (Fla. 1st DCA 1979). Although Fidelity Casualty Co. v. Scott, 386 So.2d 315 (Fla. 1st DCA 1980), permitted interlocutory appeal of a workers' compensation order on the issue of insurance coverage, we would now conclude that Rule 9.130(a)(3)(C)(iv) does not authorize review of such an order by appeal.
We also note that Rule 9.030(b)(1)(B) has since been amended so as to limit the applicability of Rule 9.130 only to orders of circuit courts. Review of such non-final workers' compensation orders may now be sought by invoking this court's certiorari jurisdiction.
Accordingly, the appeal is dismissed.
McCORD and LARRY G. SMITH, JJ., concur.