Stufflebean v. Ohio Casualty Insurance

ON MOTION TO DISMISS

Plaintiff has filed a notice of non-final appeal from an order granting defendant’s motion for partial summary judgment holding that under the doctrine of collateral estoppel, the jury verdict in another case is determinative of the negligence and comparative negligence of the parties in this case.

Plaintiff argues that this order is appeal-able because it determines “the issue of liability in favor of a party seeking affirmative relief,” and is therefore appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). Defendant appellees have moved to dismiss the…