ELSA SANCHEZ v. CITIZENS PROPERTY INSURANCE CORPORATION

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

ELSA SANCHEZ and LUIS SANCHEZ, Appellants,

v.

CITIZENS PROPERTY INSURANCE CORPORATION, Appellee.

No. 4D23-642

[July 19, 2023]

Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE22011898.

Jeremy D. Bailie of Weber, Crabb & Wein, P.A., St. Petersburg, for appellants.

Scot E. Samis, C. Ryan Jones, and Brandon R. Christian of Traub Lieberman Straus & Shrewsberry LLP, St. Petersburg, for appellee.

GERBER, J.

The homeowners appeal from the circuit court’s non-final order granting the insurer’s motion to stay and compel appraisal. After the homeowners filed their initial brief, the insurer filed a motion to dismiss this appeal as moot, on the basis that the insurer was withdrawing its demand for appraisal and agreeing to a lift of the stay so the underlying litigation can proceed. The homeowners filed a response arguing that because the insurer has consented to the homeowners’ requested relief, we should treat the insurer’s motion to dismiss as a confession of error and reverse the circuit court’s order.

By previous order, we agreed with the homeowners’ response, and indicated we would treat the insurer’s motion to dismiss as a confession of error. See, e.g., Barfield v. Dep’t of State, Div. of Licensing, 568 So. 2d 493, 494 (Fla. 1st DCA 1990) (where, after the appellant’s appeal, the appellee agreed to the appellant’s requested relief, and the appellee then filed a motion to dismiss the appeal as moot, the appellate court elected to

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treat the appellee’s motion to dismiss as a confession of error, and reversed and remanded the case for further proceedings).

We now reverse the circuit court’s non-final order granting the insurer’s motion to stay and compel appraisal, and remand for further proceedings.

Reversed and remanded.

MAY and CIKLIN, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.