MARBELLA AT SPANISH WELLS 1
v.
ZURICH AMERICAN INSURANCE COMPANY
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The court granted a stay of appraisal pending the Eleventh Circuit's decision on its jurisdiction over an interlocutory appeal.
The court had previously ordered the parties to appraisal for a Hurricane Irma insurance dispute. The defendant insurance company filed an interlocuto…
The full statement of facts, procedural history, and disposition for this case are member content.
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OPINION AND ORDER1
Over two months ago, the Court ordered this Hurricane Irma dispute to appraisal and stayed the case pending the completion of appraisal. (Doc. 48). But appraisal has not begun. Instead, Defendant Empire Indemnity Insurance Company filed an interlocutory appeal (Doc. 49) and now asks the Court to stay appraisal pending the outcome of the interlocutory appeal (Doc. 53). Plaintiff Marbella at Spanish Wells1 Condominium Association, Inc. responded in opposition. (Doc. 58).
Co., 2:20-cv-136-JLB-NPM. This Court has “broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706-07 (1997). The Court exercises its discretion here to stay appraisal until the Eleventh
Circuit decides whether it has jurisdiction to consider Empire’s interlocutory appeal. As much as Empire requests a stay under 28 U.S.C. § 1292(b), the request is denied without prejudice to be refiled if the Eleventh Circuit does accept jurisdiction. If the Eleventh Circuit does not accept jurisdiction,
appraisal will proceed. The parties need to update the Court either way. Accordingly, it is now ORDERED: 1. Defendant’s Amended Motion for Stay Order Pending Appeal (Doc. 53) is GRANTED to the extent that the Court exercises its discretion to stay appraisal until the Eleventh Circuit decides whether it has jurisdiction to consider Empire’s interlocutory appeal; otherwise, the Motion is denied without prejudice. 2. Defendant’s Amended Motion for Leave to File a Reply (Doc. 60) is DENIED as moot. 3. The parties must provide the Court with a joint status update on the appeal proceedings by August 8, 2022, and every thirty days thereafter. 4. Defendant must inform the Court of the Eleventh Circuit’s decision
on the jurisdictional question within 3 days of its issuance. DONE and ORDERED in Fort Myers, Florida on July 11, 2022.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record