INSURANCE SERVICES OFFICE INC v. MSP RECOVERY CLAIMS SERIES LLC (2022)

In this appeal, Appellant, Insurance Services Office, Inc. (“ISO”), a non-party below, seeks appellate review of the trial court's April 8, 2022, discovery order that denied ISO's emergency motion for a protective order. While this Court has held that an order compelling a non-party to produce records constitutes a final, non-appealable order as to the non-party, see Varela v. OLA Condo. Ass'n, Inc., 279 So. 3d 266, 267 n.1 (Fla. 3d DCA 2019), this Court notes that the challenged order does nothing more than strike the appellees’¹ non-party subpoena as overbroad and determine the appellees’ entitlement to certain information in ISO's possession. The order “defers ruling as to the methods or means of producing that data,” and does not otherwise compel ISO to produce any discovery. This Court, therefore, lacks either appellate or certiorari jurisdiction to review the challenged order. See Am. Med. Sys., LLC v. MSP Recovery Claims, Series LLC, 290 So. 3d 548, 551 (Fla. 3d DCA 2019) (“[B]ecause the challenged order in this case ․ does not require production of any discovery[,] Petitioners are unable to establish the requisite irreparable harm for us to exercise certiorari jurisdiction.”).

Accordingly, this Court sua sponte dismisses the appeal without prejudice to ISO seeking appropriate relief if, and when, the trial court enters an order over which this Court may assert jurisdiction.

Appeal dismissed.

FOOTNOTES

1.   MSP Recovery Claims, Series, LLC; MSPA Claims 1, LLC; and Series PMPI, a designated series of MAO-MSO Recovery II, LLC.

SCALES, LINDSEY and HENDON, JJ., concur.