UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

LUIS FERNANDEZ and ISABETA JIMENEZ,

Plaintiffs,

v. Case No.: 2:23-cv-724-SPC-KCD

AMERICAN SECURITY INSURANCE COMPANY,

Defendant. / ORDER This is an insurance dispute stemming from Hurricane Ian. The parties now agree that their case should go to appraisal. (Doc. 12.) When an insurance policy contains an appraisal provision, “the right to appraisal is not permissive but is instead mandatory, so once a demand for appraisal is made, ‘neither party has the right to deny that demand.’” McGowan v. First Acceptance Ins. Co., Inc.,

, 1296 (M.D. Fla. 2019) (quoting United Cmty. Ins. Co. v. Lewis,

(Fla. 3d DCA 1994)). And like other stipulations about dispute resolution, the Court enforces contractual appraisal provisions by non-dispositive order. See Positano Place at Naples II Condo. Ass’n, Inc. v. Empire Indem. Ins. Co., No. 2:21-cv-181-SPC-MRM,

, *2 (M.D. Fla. Mar. 10, 2022) (“[B]ecause appraisal will not dispose of any claims or defenses, the Court does not treat the motion to compel appraisal as one for summary judgment.”).

As the parties have agreed that appraisal is appropriate, their request will be granted. Further, the parties request a stay during appraisal. The Hurricane Ian Scheduling Order contemplates such relief if the parties agree that appraisal is appropriate. (Doc. 8 at 2.) Thus, the case will be stayed. All

deadlines and events in the Hurricane Ian Scheduling Order (Doc. 8) are suspended. According, it is hereby ORDERED: 1. Defendant’s Unopposed Motion to Compel Appraisal and Stay

Proceedings (Doc. 12) is GRANTED. 2. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. 3. The parties are DIRECTED to file a joint report on the status of

appraisal on or before November 20, 2023, and every ninety days thereafter until appraisal has ended. 4. Within 15 days of a signed appraisal award, the parties are DIRECTED to jointly notify the Court of (a) what issues, if any, remain for

the Court to resolve; (b) whether the stay needs to be lifted; and (c) how this action should proceed, if at all. ORDERED in Fort Myers, Florida this September 20, 2023.

Mba ZZ Kfle C. Dudek United States Magistrate Judge

Copies: All Parties of Record