FREEDOM LIFE INSURANCE COMPANY OF AMERICA v. STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, OFFICE OF INSURANCE REGULATION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA FREEDOM LIFE INSURANCE COMPANY OF AMERICA, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D04-4741 STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, OFFICE OF INSURANCE REGULATION, Appellee. ___________________________/ Opinion filed January 24, 2005. An administrative appeal from the Department of Financial Services, Office of Insurance Regulation. Michael J. Cherniga and Ronald C. Laface of Greenberg, Traurig, P.A., Tallahassee, for Appellant. Marc Herskovitz, Assistant General Counsel, Office of Insurance Regulation, Tallahassee, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s order of November 23, 2004, the Court has determined that the instant appeal is premature. See Rowell v. Dep t of Law Enforcement, 700 So. 2d 1242 (Fla. 2d DCA 1997). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. The appellant s Unopposed Motion to Toll Briefing Schedule, filed on December 15, 2004, is denied as moot. ERVIN, BROWNING and HAWKES, JJ., CONCUR. 2

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