Kiser v. Jones
Cases that cite this one
4 later published cases cite this decision.
- City of Opa Locka v. Hill (Fla. Dist. Ct. App. 1991)
- Liggett Group, Inc. v. Engle (Fla. Dist. Ct. App. 2003)
- Baptist Hospital v. Yallelus (Fla. Dist. Ct. App. 1993)
- Textron Financial Corp. v. Alexander (Fla. Dist. Ct. App. 1991)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
William Kenneth KISER and Carolina Freight Carriers Corporation, Appellants,
v.
Ernest JONES, Appellee.
District Court of Appeal of Florida, Third District.
*555 Lanza, Sevier & O'Connor and Marty E. Davis, Coral Gables, for appellants.
Horton, Perse & Ginsberg, Charles R. Lipcon, Miami, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
SCHWARTZ, Chief Judge.
The defendants below in a personal injury action seek review of a non-final order which granted the plaintiff's motion for summary judgment solely as to the defendants' negligence. Since the court, as the plaintiff acknowledges, did not resolve the question of legal causation nor the affirmative defenses raised in the answer, the plaintiff's right to recover in the action was not established. It is therefore apparent that the order did not determine "the issue of liability in favor of a party seeking affirmative relief," [e.s.] so as to permit review under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). See Lliteras v. Lliteras, 413 So.2d 859 (Fla. 4th DCA 1982); see generally Travelers Insurance Co. v. Bruns, 443 So.2d 959 (Fla. 1984); Dauer v. Freed, 444 So.2d 1012 (Fla. 3d DCA 1984). Accordingly, this court is without jurisdiction and the appeal, sua sponte, is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.