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MERCURY INSURANCE COMPANY OF FLORIDA v. MARKHAM

Case No. 1D05-2078.

938 So.2d 607 (2006)

MERCURY INSURANCE COMPANY OF FLORIDA, Appellant, v. PHILIP B. MARKHAM and MICHAEL W. ROBERTS, Appellees.

District Court of Appeal of Florida, First District.

Opinion filed October 3, 2006.

Attorney(s) appearing for the Case

Kathy J. Maus of Butler Pappas Weihmuller Katz Craig LLP, Tallahassee; Anthony J. Russo of Butler Pappas Weihmuller Katz Craig LLP, Tampa, Attorneys for Appellant.

T. Bradley McRae of McRae & McRae, Lake City; Louis K. Rosenbloum, Pensacola, Attorneys for Appellee Philip B. Markham.

Thomas T. Demas, Lake City, Attorney for Appellee Michael W. Roberts.

THOMAS, J.

This case requires us to determine whether the appealed partial summary judgment determining insurance coverage is a final order under rule 9.110(m), Florida Rules of Appellate Procedure (2005), and Canal Insurance Company v. Reed, 666 So.2d 888 (Fla. 1996), where there is no unresolved underlying personal injury action between the insured and the injured party. We hold that rule 9.110(m) does not...

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