Essex Ins. Co. v. Mercedes Zota

Eleventh Circuit

Essex Ins. Co. v. Mercedes Zota

534 F.3d 1374, 2008 U.S. App. LEXIS 15097

CourtCourt of Appeals for the Eleventh Circuit

DecidedJuly 16, 2008

Docket12-14676

StatusPublished

This text of 534 F.3d 1374 (Essex Ins. Co. v. Mercedes Zota) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Essex Ins. Co. v. Mercedes Zota, 534 F.3d 1374, 2008 U.S. App. LEXIS 15097 (11th Cir. 2008).

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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.

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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.

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Bluebook (online)

534 F.3d 1374, 2008 U.S. App. LEXIS 15097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/essex-ins-co-v-mercedes-zota-ca11-2008.

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