KEEN v. FLORIDA SHERIFFS' SELF-INSURANCE FUND

No. 4D02-3857.

854 So.2d 844 (2003)

Angela Hamilton KEEN, Appellant, v. FLORIDA SHERIFFS' SELF-INSURANCE FUND, Appellee.

District Court of Appeal of Florida, Fourth District.

September 24, 2003.


Attorney(s) appearing for the Case

Eric G. Belsky of Johnson, Leiter & Belsky, Fort Lauderdale and Eric H. Luckman of Eric H. Luckman, P.A., Boynton Beach, for appellant.

Ellen C. Pappas and Ronald A. Mowrey of Mowrey & Biggins, P.A., Tallahassee, for appellee.


PER CURIAM.

We reverse the order dismissing this action seeking a declaration of coverage under an insurance policy. The court made a decision on the merits that there was no coverage under the policy. This was error. "A motion to dismiss a complaint for declaratory judgment is not a motion on the merits. Rather, it is a motion only to determine whether the plaintiff is entitled to a declaration of its rights, not to whether it is entitled to a declaration in its...

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