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

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…