5 Fla. L. Weekly Supp. 668b
Insurance — Uninsured motorist — Policy limits
GENEVA CLIETT and DARWIN CLIETT, her husband, Plaintiffs, vs. GUARANTY NATIONAL INSURANCE COMPANY, an insurance corporation, Defendants. 10th Judicial Circuit in and for Polk County. Civil Action No. GC-G-91-14. September 19, 1997. Robert A. Young, Judge.
CONSENT FINAL JUDGMENT
THIS CAUSE having come for consideration by the Court upon the following facts which have been agreed to by the Plaintiffs, Geneva Cliett and Darwin Cliett her husband, and the Defendant, Guaranty National Insurance Compa- ny [“GNIC”], and the Court being otherwise fully advised in the premises, the Court finds the following facts which have been agreed to by Geneva Cliett and Darwin Cliett and GNIC:
1. The Plaintiffs claimed uninsured motorist coverage from GNIC: “Plaintiffs have demanded that Defendant provide uninsured motorist coverage in the amount of $500,000.00 in accordance with the terms of the policy and applicable Florida law and Defendant has refused to do so.” (Complaint, paragraph 14.) GNIC contended that the uninsured motorist coverage [“U.M.”] limits on GNIC’s subject policy number TP1432240 are $10,000.00/$20,000.00. GNIC offered Plaintiffs that amount and Plaintiffs refused that amount. Plaintiffs contended that the U.M. policy limit on the subject GNIC policy was $500,000.00.
2. This Court previously determined that the U.M. policy limits on GNIC’s policy number TP1432240 are $10,000.00/$20,000.00 and entered Summary Judgment in favor of GNIC on that issue.
3. This Court entered Orders and Judgments on the following dates accordingly:
a. Order Regarding the Parties’ Motions for Summary Judgment, on September 21, 1992, in which Guaranty National Insurance Company’s Motion for Summary Judgment was GRANTED and Plaintiffs’ Motion for Partial Summary Judgment was DENIED;
b. Judgment for Defendant, Guaranty National Insurance Company, on September 21, 1992;
c. Order on Rehearing of Plaintiffs’ and Defendant’s Motions for Summary Judgment, on October 21, 1992;
d. Amended Judgment for Defendant, Guaranty National Insurance Company, on October 30, 1992; and
e. Order Denying [Plaintiffs’] Motion to Set Aside Summary Judgment, on February 14, 1997.
4. The Plaintiffs appealed what they believed to be a Final Order resulting in a Summary Judgment for the Defen- dant. Their Notice of Appeal was on November 16, 1992. The Second District Court of Appeal, on its own motion and after having previously set Oral Argument in the appeal, issued an Order to Show Cause why the appeal should not be dismissed on May 12, 1993. On June 30, 1993, the Second District Court of Appeal entered its Order dismiss- ing the appeal citing Travelers Ins. Co. v. Bruns, 443 So. 2d 959 (Fla. 1984), and United States Fid. & Guar. Co. v. Sloan, 410 So. 2d 549 (Fla. 1st DCA 1982). Both the Bruns and Sloan cases were decided under the Florida Rule of Appellate Procedure then in effect regarding review of interlocutory or appealable non-final Orders, which was Rule 9.130. In both cases, it was held that a Summary Judgment on insurance coverage, without determining liability, did not determine the issue of liability in favor of a party seeking affirmative relief and thus was not then appealable under Rule 9.130.
5. The parties, Geneva Cliett and Darwin Cliett, her husband, and GNIC, have previously stipulated, through their counsel, that the awardable damages of Geneva Cliett and Darwin Cliett jointly would be $250,000.00. In addition, the parties have stipulated that GNIC waives any claims for set-offs other than the One Hundred Thousand Dollar ($100,000.00) U.M. payment paid by Travelers Insurance Company to the Plaintiffs.
6. Guaranty National Insurance Company does not waive any argument it may have that the time has passed for appeal by the Plaintiffs in this cause.
The above stipulated facts between Geneva Cliett and Darwin Cliett, her husband and GNIC are accordingly approved, and this Court does reaffirm and adhere to its previous Orders and Judgments described in subparagraphs a through e of paragraph 3 above and the facts found therein. Accordingly the U.M. policy limits on GNIC subject policy number TP1432240 are $10,000.00/$20,000.00 and this Court declares those amounts to be the applicable policy limits.
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