Universal Cas. Ins. Co. v. Rodriguez

• Decision Date: 09 May 1989
• Docket Number: No. 89-34,89-34
• Citation: 14 Fla. L. Weekly 1143,548 So.2d 674
• Parties: 14 Fla. L. Weekly 1143 UNIVERSAL CASUALTY INSURANCE COMPANY and Florida Insurance Guaranty Association, Appellants, v. Maria RODRIGUEZ, Appellee.
• Court: Florida District Court of Appeals

Page 674

548 So.2d 674

14 Fla. L. Weekly 1143

UNIVERSAL CASUALTY INSURANCE COMPANY and Florida Insurance Guaranty Association, Appellants, v. Maria RODRIGUEZ, Appellee.

No. 89-34.

District Court of Appeal of Florida, Third District.

May 9, 1989.

Rehearing Denied Oct. 6, 1989.

An Appeal from a non-final Order from the Circuit Court of Dade County; Steven D. Robinson, Judge.

Walton Lantaff Schroeder & Carson and Geoffrey B. Marks and G. Bart Billbrough, Miami, for appellants.

Stephen Cahen and Susan Guller, Miami, for appellee.

Before NESBITT, JORGENSON and LEVY, JJ.

LEVY, Judge.

In a negligence action, the defendant below appeals the trial court's Order granting the plaintiff's Motion to Set Aside the Order of Dismissal that had been entered by the court pursuant to Rule 1.420(e) of the Florida Rules of Civil Prodedure.

The plaintiff contends that the trial court's Order setting aside the Order of Dismissal is a non-final Order and is, therefore, not appealable. We agree. Marsh & McLennan, Inc. vs. Aerolineas Nacionales Del Ecuador, 530 So.2d 971 (Fla. 3d DCA 1988).

Accordingly, and pursuant to the above-cited authority, this appeal is dismissed.