Florida Patient's Compensation Fund v. Caduceus Self Insurance Fund

District Court of Appeal of Florida

Florida Patient's Compensation Fund v. Caduceus Self Insurance Fund

543 So. 2d 403, 14 Fla. L. Weekly 1212, 1989 Fla. App. LEXIS 2648, 1989 WL 50253

Procedural entryThis page is a short order in Florida Patient's Compensation Fund v. Caduceus Self Insurance Fund. Read the opinion of the Court — 1988 Fla. App. LEXIS 3557 →

District Court of Appeal of Florida·Decided May 17, 1989·No. No. 88-1087·Published

Opinion

PER CURIAM.

We dismiss the above styled appeal from a final judgment for two reasons.

First, the issues involved in this appeal were raised and decided in an interlocutory appeal, Florida Patient’s Compensation Fund v. Caduceus Self Insurance Fund, 529 So.2d 1215 (Fla. 4th DCA 1988). We do this upon authority of Schempp v. Schempp, 339 So.2d 672 (Fla. 1st DCA 1976).

Second, the trial court did not have the authority or jurisdiction to enter a final partial summary judgment on liability while this court was considering the very same issue on a non-final appeal. Georges v. Insurance Technicians, Inc., 486 So.2d 700 (Fla. 4th DCA 1986); Esposito v. Horning, 416 So.2d 896 (Fla. 4th DCA 1982); Leo Goodwin Foundation, Inc. v. Riggs National Bank of Washington, D.C., 374 So.2d 1018 (Fla. 4th DCA 1979); Allington Towers Condominium North, Inc. v. Seidler, 352 So.2d 1176 (Fla. 4th DCA 1977); Waltham A. Condominium Association v. Village Management, Inc., 330 So.2d 227 (Fla. 4th DCA 1976).

APPEAL DISMISSED.

DELL, WALDEN and POLEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We dismiss the above styled appeal from a final judgment for two reasons.

First, the issues involved in this appeal were raised and decided in an interlocutory appeal, Florida Patient’s Compensation Fund v. Caduceus Self Insurance Fund, 529 So.2d 1215 (Fla. 4th DCA 1988). We do this upon authority of Schempp v. Schempp, 339 So.2d 672 (Fla. 1st DCA 1976).

Second, the trial court did not have the authority or jurisdiction to enter a final partial summary judgment on liability while this court was considering the very same issue on a non-final appeal. Georges v. Insurance Technicians, Inc., 486 So.2d 700 (Fla. 4th DCA 1986); Esposito v. Horning, 416 So.2d 896 (Fla. 4th DCA 1982); Leo Goodwin Foundation, Inc. v. Riggs National Bank of Washington, D.C., 374 So.2d 1018 (Fla. 4th DCA 1979); Allington Towers Condominium North, Inc. v. Seidler, 352 So.2d 1176 (Fla. 4th DCA 1977); Waltham A. Condominium Association v. Village Management, Inc., 330 So.2d 227 (Fla. 4th DCA 1976).

APPEAL DISMISSED.

DELL, WALDEN and POLEN, JJ., concur.

Florida Patient's Compensation Fund v. Caduceus Self Insurance Fund, 543 So. 2d 403, 14 Fla. L. Weekly 1212, 1989 Fla. App. LEXIS 2648, 1989 WL 50253 (Fla. Ct. App. 1989).

Pincite

543 So. 2d 403 (Florida Patient's Compensation Fund v. Caduceus Self Insurance Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related