FIRST OAK BROOK CORP. SYNDICATE, INC. v. SWISS BEACH HOLDINGS, INC.

No. 94-0891.

644 So.2d 1030 (1994)

FIRST OAK BROOK CORP. SYNDICATE, INC., etc., Appellant, v. SWISS BEACH HOLDINGS, INC., etc., Appellee.

District Court of Appeal of Florida, Fourth District.

November 16, 1994.


Attorney(s) appearing for the Case

Philip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for appellant.

Michael R. Piper of Johnson, Anselmo, Murdoch, Burke & George, P.A., Fort Lauderdale, for appellee.


ON MOTION TO DISMISS

PER CURIAM.

An insurer has appealed a non-final order which determines that the insured was not barred from recovering under the policy because of a failure to comply with a condition precedent. The insurer argues that we have jurisdiction because the order determines liability in favor of a party seeking affirmative relief and is thus appealable under Fla. R.App.P. 9.130(a)(3)(C)(iv). The problem with insurer's position is that...

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