Narrative Opinion Summary
The insurer's appeal concerning a summary judgment on its cross-claim against the insured, which addresses coverage, is dismissed due to lack of jurisdiction. The primary action's liability remains unresolved in the lower court, rendering the order nonfinal. This dismissal is based on precedents set in Ogur v. Mogel and Travelers Insurance Co. v. Bruns, among others, in accordance with Florida Rule of Appellate Procedure 9.130.
Legal Issues Addressed
Application of Florida Rule of Appellate Procedure 9.130subscribe to see similar legal issues
Application: The court applied Florida Rule of Appellate Procedure 9.130 to determine that the appeal was improper due to the nonfinal nature of the order.
Reasoning: This dismissal is based on precedents set in Ogur v. Mogel and Travelers Insurance Co. v. Bruns, among others, in accordance with Florida Rule of Appellate Procedure 9.130.
Jurisdiction Over Nonfinal Orderssubscribe to see similar legal issues
Application: The appellate court dismissed the insurer's appeal because the lower court had not resolved the primary action's liability, making the order nonfinal and thus not subject to appeal.
Reasoning: The insurer's appeal concerning a summary judgment on its cross-claim against the insured, which addresses coverage, is dismissed due to lack of jurisdiction.