Calusa Bay North Condominium Association, Inc. v. Empire Indemnity Insurance Company

USCA11 Case: 23-11844 Document: 37-1 Date Filed: 01/03/2024 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-11844

Non-Argument Calendar ____________________

CALUSA BAY NORTH CONDOMINIUM ASSOCIATION, INC., CALUSA BAY SOUTH CONDOMINIUM ASSOCIATION, INC.,

Plaintiffs-Appellees, versus EMPIRE INDEMNITY INSURANCE COMPANY,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:21-cv-00540-JLB-NPM

USCA11 Case: 23-11844 Document: 37-1 Date Filed: 01/03/2024 Page: 2 of 2 2 Opinion of the Court 23-11844

____________________

Before ROSENBAUM, GRANT, and LUCK, Circuit Judges.

PER CURIAM:

Empire Indemnity Insurance Company appeals from the dis- trict court’s order compelling appraisal and staying the proceedings pending appraisal. Calusa Bay North Condominium Association, Inc. and Calusa Bay South Condominium Association, Inc. (collec- tively “Calusa Bay”) move to dismiss the appeal for lack of jurisdic- tion.

We conclude that we lack jurisdiction over the district court’s order compelling appraisal for the reasons stated in our re- cent decision in Positano Place at Naples I Condo. Ass’n, Inc. v. Empire Indem. Ins. Co., 84 F.4th 1241 (11th Cir. 2023). Indeed, the order compelling appraisal and staying the proceedings pending appraisal is an interlocutory order that is not immediately appealable under 28 U.S.C. § 1292(a)(1) or under the Federal Arbitration Act. See id. at 1245. Calusa Bay’s motion to dismiss the appeal for lack of juris- diction is GRANTED, and this appeal is DISMISSED.