OLD DOMINION INSURANCE COMPANY, v. D.R. HORAON, INC. JACKSONVILLE

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA OLD DOMINION INSURANCE COMPANY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D13-0022 v. D. R. HORTON, INC. JACKSONVILLE, Appellee. _____________________________/ Opinion filed February 8, 2013. An appeal from the Circuit Court for Duval County. Jean M. Johnson, Judge. Hinda Klein of Abel Lurvey Morrow & Schefer, Hollywood; John E. Herndon, Jr., of Krevens, Abel, Tallahassee, for Appellant. William E. Kuntz and Allison McElheney, Jacksonville; Lee Wedekind, Jacksonville, for Appellee. PER CURIAM. The Court has determined that the Findings of Fact, Conclusions of Law and Entry of Default Judgment Against Old Dominion, is a nonfinal, non-appealable order. See Heartland Exp., Inc. of Iowa v. Torres, 89 So. 3d 1074 (Fla. 1st DCA 2012); Hernando County v. Leisure Hills, Inc., 648 So. 2d 257 (Fla. 5th DCA 1994). Accordingly, Appellee s motion to dismiss, filed on January 7, 2013, is granted and the appeal is hereby DISMISSED. WOLF, THOMAS, and MARSTILLER, JJ., CONCUR. 2

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