DUKE v. RUSSELL, 557 So.2d 587 (Fla.App. 3 Dist. 1989)

No. 89-1802.District Court of Appeal of Florida, Third District.
November 19, 1989. On Motion for Rehearing March 7, 1990.

BY ORDER OF THE COURT:

ORDERED that intervenor/appellee, STATE FARM FIRE AND CASUALTY COMPANY’S motion to dismiss appeal for lack of jurisdiction is granted and this appeal from the Circuit Court for Dade County, Florida (Case No. 87-32504) is hereby dismissed without prejudice to the plaintiff initiating an action against the insuror, under Section 627.7262 Fla. Stat., after obtaining a final judgment against the insureds.

COPE, LEVY and GERSTEN, JJ., concur.

ON MOTION FOR REHEARING
Upon consideration, appellant’s motion for rehearing is granted upon a determination that the final order of intervention is a non-final order. See Allstate Ins. Co. v. Collier, 405 So.2d 311, 312 (Fla. 4th DCA 1981). We relinquish jurisdiction to the trial court for thirty days for entry of a final judgment.

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