Essex Ins. Co. v. Mercedes Zota

U.S. Court of Appeals for the Eleventh Circuit
Essex Ins. Co. v. Mercedes Zota, 534 F.3d 1374 (11th Cir. 2008)
2008 U.S. App. LEXIS 15097

Essex Ins. Co. v. Mercedes Zota

Opinion

PER CURIAM:

Previously in this case we certified five unsettled questions of state law to the Florida Supreme Court. Essex Ins. Co. v. Zota, 466 F.3d 981 (11th Cir. 2006). That Court has responded with an opinion that thoroughly discusses and decides the primary state law question that we certified. Essex Ins. Co. v. Zota, 985 So.2d 1036, 2008 WL 2520879 (Fla. June 26, 2008). As the Florida Supreme Court opinion explains, the answer it gave to the first certified question moots the second one, and it partially answers the fifth one. Id. at 1041, 2008 WL 2520879 at *3. The Court determined that the remaining issues we certified cannot be decided from the summary judgment record without additional findings which the district court has not yet made. Id.

We express our gratitude to the Florida Supreme Court and, as a result of its decision, vacate the judgment of the district court and remand for further proceedings consistent with that decision and with our previous opinion in this case. See Zota, 466 F.3d at 990 n. 1.

VACATED AND REMANDED.

Reference

Full Case Name
ESSEX INSURANCE COMPANY, Plaintiff-Appellant, v. Mercedes ZOTA, Miguel Zota, Defendants-Third-Party Plaintiffs-Appellees, Lighthouse Intracoastal, Inc., Jack Farji, an Individual, Broward Executive Builders, Inc., Defendants-Appellees, R.A. Brandon & Co., Inc., Third-Party Defendant
Status
Published