394 So. 2d 448 | Fla. Dist. Ct. App. | 1981
This appeal by Fidelity & Casualty Company of New York is from an order entitled Amended Order and Summary Judgment in which the Court held that Fidelity’s policy extended coverage to the collision which was the subject of the suit. The order was entered nine months after a regularly entered final judgment against Fidelity, which was pursuant to a regularly entered default. The final judgment was not appealed. We hold that the order appealed was without legal effect, but that the final judgment entered on May 25,1979 for Pascual Palomino and against Fidelity & Casualty Company of New York is binding and in full force and effect.
The confusion on this matter arose because the counsel for Fidelity urged and the trial judge was persuaded after the entry of the default that Fidelity could still contest the issue of coverage. Nevertheless, the judge denied Fidelity’s motion to set aside the default and thereafter entered final judgment on the default.
The final judgment settled all the issues which were raised by the pleadings between the parties. A trial court has no
Affirmed.