Mercury Indem. Co. of Am. v. Thomas

376 So.3d 91

MERCURY INDEMNITY COMPANY OF AMERICA, Appellant,

v.Catherine THOMAS, Appellee.

Case Nos. 6D23-1537 6D23-1570

District Court of Appeal of Florida, Sixth District.

December 15, 2023

Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Orange County. Denise Kim Beamer, Judge. Lower Tribunal No. 2021-CA-010641-O

Frank A. Zacherl and Oliver Sepulveda, of Shutts & Bowen, LLP, Miami, and Alyssa L. Corey, of Shutts & Bowen, LLP, Tampa, for Appellant.

Jacob Phillips and Amy L. Judkins, of Normand PLLC, Orlando, for Appellee.

PER CURIAM.

In this consolidated appeal, Mercury Indemnity Company of America ("Mercury") appeals two non-final orders denying its motion to compel appraisal.¹ As to case number 6D23-1537, we affirm without further discussion. With respect to case number 6D23-1570, the trial court lacked jurisdiction to enter the subsequent order clarifying or modifying the prior order because the appeal of the prior order was pending. See Heritage Prop. & Cas. Ins. Co. v. Williams, 338 So. 3d 1119, 1121–22 (Fla. 1st DCA 2022). Therefore, we reverse and remand with instructions to vacate the subsequent order.

AFFIRMED in part; REVERSED and REMANDED in part.

WHITE, SMITH and MIZE, JJ., concur.

1These cases were transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.