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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