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RUBY UHLS, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a foreign corporation, Appellee.

5 Fla. L. Weekly Supp. 506c

Appeals — Court has jurisdiction to hear appeal from order granting summary judgment where order also determined party’s entitlement to arbitration — Insurance — Arbitration — Remand for further proceedings in light of intervening decision not available to trial court

RUBY UHLS, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a foreign corporation, Appellee. 6th Judicial Circuit in and for Pinellas County. Case No. Appeal No. 97-1077 CI-88B. February 18, 1998. Appeal from a decision of the Pinellas County Court — County Judge Karl Grube. David A. Demers, Judge. Counsel: George Brown, for appellant. Nancy Lauten, for appellee.

ORDER AND OPINION

THIS MATTER is before the Court on Ruby Uhls’ appeal from a decision of the Pinellas County Court. This Court notes that no summary judgment was entered by the trial court. The court only entered an Order Granting Summary Judgment. However, as the appellee pointed out, the Order did determine a party’s entitlement to arbitration. Therefore, this Court has jurisdiction to hear this appeal. Fla. R. App. P. 9.130(a)(3)(v).

This case raises similar issues to those this Court recently addressed in Wallace v. Omni Ins.Co., No. 96-6229 CI (Fla. 6th Cir. Ct. Feb. 2, 1998) [5 Fla. L. Weekly Supp. 284b] — a decision obviously not available to the trial court. Accordingly, the Order Granting Summary Judgment is vacated, and this case is remanded so the trial court may proceed in light of Wallace.

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