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STATE FARM MUT. AUTO. INS. CO. v. MARSHALL

No. 92-2140.

618 So.2d 1377 (1993)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Patrick Alan MARSHALL, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 1, 1993.

Attorney(s) appearing for the Case

David P. Rhodes and David J. Lonigro of Haas, Austin, Ley, Roe & Patsko, P.A., Tampa, for appellant.

No appearance for appellees.

DIAMANTIS, Judge.

State Farm Mutual Automobile Insurance Company (State Farm) appeals the non-final order denying its motion for new trial which was entered by the trial court after a jury returned a verdict in favor of appellee, Paula Duszik, on her claim for bad faith. We reverse because we find that the trial court lacked subject matter jurisdiction to determine the bad faith claim.

In February 1989 Duszik was driving north on SR 500 in Ocala. Patrick Marshall...

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