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CIGNA, ETC., APPELLANT, v. UNITED STORAGE SYSTEMS, INC., ETC., ET AL., APPELLEES.

COBB, Judge.

The issue in this case is jurisdiction. The appellant, Cigna, a corporation d/b/a Insurance Company of North America, was a co-plaintiff with United Storage Systems, Inc. and Clausson Lexow, appellees herein, in an action against Adolf Construction Company, Inc. Prior to trial, Adolf's carrier, USF G, turned over its insurance limits of $100,000.00 to Cigna's attorney, who placed the money in an interest-bearing account. The day before trial, Cigna voluntarily dismissed its claim. Thereafter, the trial court entered an order directing Cigna to pay the $100,000.00 in settlement proceeds to United Storage and Lexow. At the time of the non-suit, there was no cross-claim or counterclaim pending against Cigna, and no property had been seized by the court and none was in the custody of the court at that time. See Fla.R.Civ.P. 1.420(a); Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So.2d 68 (Fla. 1978); Romar International, Inc. v. Jim Rathman Chevrolet/Cadillac, Inc., 420 So.2d 346 (Fla. 5th DCA 1982).

Rule 1.420(a) provides:

The settlement proceeds at issue were in the exclusive possession and custody of Cigna at the time of dismissal. Whatever breach of faith or trust may have occurred between the parties, there were no legal obstacles under Rule 1.420(a) that prevented Cigna's voluntary dismissal. In point of fact, the issue of entitlement to the settlement proceeds as between the parties to this appeal apparently is pending in a federal court action at this time.

The order of the trial court in regard to payment of the $100,000.00 by Cigna must be, and is

QUASHED.

ORFINGER and COWART, JJ., concur.

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CIGNA v. UNITED STORAGE SYSTEMS, INC
(Jan 24, 1989)