National Specialty Insurance Company v. Marquis Yachts, LLC

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 28, 2023
• Docket: 23-10080
• Status: Unpublished

Opinion

USCA11 Case: 23-10080 Document: 31-1 Date Filed: 07/28/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-10080 Non-Argument Calendar ____________________

NATIONAL SPECIALTY INSURANCE COMPANY, a foreign corporation other, d.b.a. South Beach Charters, Plaintiff-Appellant, versus MARQUIS YACHTS, LLC, a foreign corporation,

Defendant-Appellee. USCA11 Case: 23-10080 Document: 31-1 Date Filed: 07/28/2023 Page: 2 of 3

2 Opinion of the Court 23-10080

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:21-cv-22066-AOR ____________________

Before ROSENBAUM, NEWSOM, and ABUDU, Circuit Judges. PER CURIAM: The parties’ motion to dismiss this appeal, construed from their joint jurisdictional question response, is GRANTED, and this appeal is DISMISSED. National Specialty Insurance Company filed this appeal seeking review of the district court’s order and judg- ment granting Marquis Yachts, LLC’s motion for summary judg- ment. We issued a limited remand for the district court to deter- mine whether it had subject matter jurisdiction in the first instance. On remand, the district court vacated its merits decision and dis- missed the action for lack of subject matter jurisdiction. In their joint response to the jurisdictional question, the parties agree that there is not complete diversity of citizenship and, thus, that the dis- trict court lacked jurisdiction. As a result of the district court’s order on remand, this appeal is now moot because there is no longer a merits decision to review. See Brooks v. Ga. State Bd. of Elections, 59 F.3d 1114, 1118 (11th Cir. 1995) (explaining that we lack authority to adjudicate moot contro- versies and must dismiss an appeal if something happens while the USCA11 Case: 23-10080 Document: 31-1 Date Filed: 07/28/2023 Page: 3 of 3

23-10080 Opinion of the Court 3

case is on appeal that makes it impossible to grant a prevailing party effectual relief).