Narrative Opinion Summary
The Court has determined it lacks jurisdiction to review the order on appeal, referencing Workmen’s Auto Ins. Co. v. Franz, which established that an order awarding summary judgment on the issue of stacked uninsured motorist coverage does not constitute a partial final judgment if related claims remain pending. Consequently, the appellee's motion to dismiss, submitted on May 12, 2014, is granted, resulting in the dismissal of the appeal for lack of jurisdiction. Chief Judge Lewis and Judges Wolf and Wetherell concur with the decision.
Legal Issues Addressed
Jurisdiction to Review Orderssubscribe to see similar legal issues
Application: The court cannot review an order if it does not constitute a final judgment and related claims are still pending.
Reasoning: The Court has determined it lacks jurisdiction to review the order on appeal, referencing Workmen’s Auto Ins. Co. v. Franz, which established that an order awarding summary judgment on the issue of stacked uninsured motorist coverage does not constitute a partial final judgment if related claims remain pending.
Motion to Dismiss for Lack of Jurisdictionsubscribe to see similar legal issues
Application: The appellee's motion to dismiss was granted due to the court's lack of jurisdiction over the appeal.
Reasoning: Consequently, the appellee's motion to dismiss, submitted on May 12, 2014, is granted, resulting in the dismissal of the appeal for lack of jurisdiction.