MERCURY INDEMNITY COMPANY OF AMERICA v. THOMAS (2023)

District Court of Appeal of Florida, Sixth District.

MERCURY INDEMNITY COMPANY OF AMERICA, Appellant, v. Catherine THOMAS, Appellee.

Case Nos. 6D23-1537, 6D23-1570

Decided: December 15, 2023

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.

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.

FOOTNOTES

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

PER CURIAM.

WHITE, SMITH and MIZE, JJ., concur.

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