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FCCI COMMERCIAL INSURANCE COMPANY, Appellant, v. PULTE HOME CORPORATION, a Michigan Corporation, Appellee.

District Court of Appeal of Florida, First District2019-03-18No. No. 1D18-2103
266 So. 3d 278

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Opinion

majority opinion

Per Curiam.

The Court has determined that the order on appeal is not a final, appealable order as it fails to complete the judicial labor in the case. Accordingly, Appellees motion to dismiss the appeal is granted and the appeal is dismissed.

Appellees motion for attorneys fees based on section 627.428, Florida Statutes, is provisionally granted. In the event Appellee prevails before the trial court, the trial court shall determine Appellees entitlement to fees for this appeal pursuant to section 627.428. If the trial court finds Appellee is entitled to fees, the trial court shall assess fees against Appellant pursuant to section 627.428.

In light of the dismissal, all other pending motions are denied as moot.

Rowe, Bilbrey, and Kelsey, JJ., concur.