American States Insurance Co. v. Streightiff

District Court of Appeal of Florida

American States Insurance Co. v. Streightiff

597 So. 2d 919, 1992 Fla. App. LEXIS 4488, 1992 WL 79730

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1992

DocketNo. 92-0022

StatusPublished

Cited by1 cases

This text of 597 So. 2d 919 (American States Insurance Co. v. Streightiff) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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American States Insurance Co. v. Streightiff, 597 So. 2d 919, 1992 Fla. App. LEXIS 4488, 1992 WL 79730 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

Affirmed. We lack jurisdiction to address the propriety of the trial court’s denial of the motion to dismiss the only claim against appellant American States Insurance Company [American States]. Peavy v. Parrish, 385 So.2d 1034 (Fla. 4th DCA 1980) (a denial of a motion to dismiss is not an appealable non-final order).

Therefore, we must consider that American States remained, whether properly or improperly, a defendant at the time the trial court heard appellants’ joint motion to dismiss and motion to transfer venue. Because American States conducted business in Broward County, where appel-lees filed their complaint, the trial court did not err when it entered the appealed order which denied a transfer of venue. § 47.-011, Fla.Stat. (1989).

AFFIRMED.

GLICKSTEIN, C.J., and GARRETT and FARMER, JJ., concur.

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