Riley Love v. Florida Family Insurance Company

Summary

The Third District Court of Appeal of Florida dismissed the Loves’ appeal from a nonfinal order denying their motion to set aside an appraisal award. The court held that Florida Rule of Appellate Procedure 9.130 did not authorize review of that order and that the order was not final because an interrelated breach-of-contract counterclaim remained pending.

Holdings

1. Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) authorizes an appeal from a nonfinal order determining a party's entitlement to appraisal, but it does not separately authorize an appeal from a later nonfinal order denying a motion to set aside an appraisal award.
2. The order denying the motion to set aside the appraisal award was not a final, appealable order because an interrelated breach-of-contract counterclaim remained pending below.

Questions Presented

1. Whether Florida Rule of Appellate Procedure 9.130 authorizes an interlocutory appeal from a nonfinal order denying a motion to set aside an appraisal award.
2. Whether the order denying the motion to set aside the appraisal award could be treated as a final, appealable order while an interrelated breach-of-contract counterclaim remained pending.

Disposition

dismissed