Continental Casualty Co. v. Theriault

ON MOTION TO DISMISS

This action was commenced by appellee Theriault against Dade County, which in turn cross-claimed against its insurer/appellant. Appellant seeks review of a declaratory judgment in favor of appellee Dade County on the question of coverage.

The non-final order entered herein does not decide the issue of liability in favor of the party seeking affirmative relief as contemplated by Rule 9.130(a)(3)(iv), thus the order is not appealable. Travelers Insurance Co. v. Bruns, 429 So.2d 317 (Fla. 4th DCA 1983); Ogur v. Mogel, 390 So.2d 105 (Fla. 3d DCA 1980).1

Appeal dismissed.. Our…