Continental Casualty Co. v. Theriault

438 So. 2d 154, 1983 Fla. App. LEXIS 24318

• Court: District Court of Appeal of Florida
• Decided: September 20, 1983
• Docket: No. 83-1536
• Status: Published

Opinion

ON MOTION TO DISMISS

PER CURIAM.

This action was commenced by appellee Theriault against Dade County, which in turn cross-claimed against its insurer/appellant. Appellant seeks review of a declaratory judgment in favor of appellee Dade County on the question of coverage.

The non-final order entered herein does not decide the issue of liability in favor of the party seeking affirmative relief as contemplated by Rule 9.130(a)(3)(iv), thus the order is not appealable. Travelers Insurance Co. v. Bruns, 429 So.2d 317 (Fla. 4th DCA 1983); Ogur v. Mogel, 390 So.2d 105 (Fla. 3d DCA 1980).¹

Appeal dismissed.

1 . Our decision expressly conflicts with decisions from two other districts. See P & H Vehicle Rental and Leasing Corp. v. Garner, 416 So.2d 503 (Fla. 5th DCA 1982); Alamo Rent-a-Car, Inc. v. Summers, 404 So.2d 131 (Fla. 2d DCA 1981).