Textron Financial Corp. v. Alexander

District Court of Appeal of Florida

Textron Financial Corp. v. Alexander

582 So. 2d 178, 1991 Fla. App. LEXIS 7541, 1991 WL 134366

District Court of Appeal of Florida·Decided July 23, 1991·No. No. 91-1136·Published·Cited by 3 cases

Opinion

SCHWARTZ, Chief Judge.

Purportedly pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), the defendants in a personal injury action seek review of a non-final order which summarily determined that one defendant was vicariously liable for the negligence, if any, of another one. Since, under this order, every other liability issue remains to be determined, it is obvious that it did not determine “the issue of liability in favor of a party seeking affirmative relief” so as to justify review under the cited rule. Kiser v. Jones, 488 So.2d 554 (Fla. 3d DCA 1986), and cases cited. Accordingly, this court is without jurisdiction and the appeal is dismissed.

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SCHWARTZ, Chief Judge.

Purportedly pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), the defendants in a personal injury action seek review of a non-final order which summarily determined that one defendant was vicariously liable for the negligence, if any, of another one. Since, under this order, every other liability issue remains to be determined, it is obvious that it did not determine “the issue of liability in favor of a party seeking affirmative relief” so as to justify review under the cited rule. Kiser v. Jones, 488 So.2d 554 (Fla. 3d DCA 1986), and cases cited. Accordingly, this court is without jurisdiction and the appeal is dismissed.

Textron Financial Corp. v. Alexander, 582 So. 2d 178, 1991 Fla. App. LEXIS 7541, 1991 WL 134366 (Fla. Ct. App. 1991).

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