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GREAT AMERICAN INS. CO. v. STOLTE

No. 4-86-1160.

491 So.2d 352 (1986)

GREAT AMERICAN INSURANCE COMPANY, an Ohio Corporation, Appellant, v. STOLTE, INC., a California corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

July 23, 1986.

Attorney(s) appearing for the Case

David R. Elder of Leiby & Elder, Miami, for appellant.

Michele B. Softness of Rosenberg, Reisman & Glass, Miami, for appellee.

ON MOTION TO DISMISS

GLICKSTEIN, Judge.

Judgment payee Stolte, Inc. has moved to dismiss judgment payor Great American Insurance Company's appeal. Stolte contends that the appeal is barred because Great American's payment in full of the amount of the judgment, after Great American's motion for retrial was denied, constitutes voluntary payment, and moots the appeal.

We deny the motion. We find that it is the law in Florida that, absent a stay of execution...

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