Florida District Courts of Appeal, 1987

Bottino v. Allstate Insurance Co.

Bottino v. Allstate Insurance Co.
Florida District Courts of Appeal · Decided December 23, 1987 · Anstead, Gunther, Stone
516 So. 2d 1141; 13 Fla. L. Weekly 88; 1987 Fla. App. LEXIS 11669; 1987 WL 3162 (Southern Reporter, Second Series)

Bottino v. Allstate Insurance Co.

Opinion of the Court

PER CURIAM.

AFFIRMED. See General Accident Insurance Company of America v. Taplis, 493 So.2d 32 (Fla. 5th DCA 1986); Government Employees Insurance Company v. Sutton, 400 So.2d 476 (Fla. 5th DCA), rev. denied, 407 So.2d 1106 (Fla. 1981).

GUNTHER and STONE, JJ., concur. ANSTEAD, J., dissents in part with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

Although the majority may be correct on the merits of the issue presented by appellants on appeal, it is apparent that this court does not have jurisdiction to decide this appeal. See Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987), an en banc opinion of this court strictly defining the form of final orders that may be appealed. This is an attempted appeal from an order denying a motion to compel a settlement and a subsequent order that attempts to make the first order a final judgment. Our holding in Russell makes it abundantly clear that jurisdiction is not something we can ignore or waive.

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