44 Fla. L. Weekly D312a
260 So. 3d 1200
Insurance — Property — Trial court erred in entering order compelling appraisal before conducting evidentiary hearing
GERALDINE BLAKELY and CHRISTOPHER BLAKELY, Appellants, v. FIRST PROTECTIVE INSURANCE COMPANY d/b/a Frontline Insurance, Appellee. 3rd District. Case No. 3D18-1511. L.T. Case No. 18-179. January 30, 2019. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge. Counsel: Kramer Green Zuckerman Greene & Buchsbaum, P.A., and Robert I. Buchsbaum (Hollywood), for appellants. Jay M. Levy, P.A. and Jay M. Levy, for appellee.
(Before SCALES, LINDSEY, and MILLER, JJ.)ON PARTIAL CONFESSION OF ERROR
(PER CURIAM.) Geraldine and Christopher Blakely (the “Blakelys”) appeal a non-final order compelling them to participate in appraisal in their first-party property insurance dispute with First Protective Insurance Company (“FPIC”). Pursuant to FPIC’s commendable partial confession of error, we hereby reverse the trial court’s order compelling appraisal before conducting an evidentiary hearing.1 See Universal Prop. & Cas. Ins. Co. v. Abbott, 63 So. 3d 924 (Fla. 3d DCA 2011), citing Citizens Prop. Ins. Corp. v. Maytin, 51 So. 3d 591 (Fla. 3d DCA 2010); Citizens Prop. Ins. Corp. v. Galeria Villas Condo. Ass’n, Inc., 48 So. 3d 188, 191 (Fla. 3d DCA 2010). We therefore remand this cause for further proceedings, including a properly noticed evidentiary hearing.
Reversed and remanded with instructions.
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1We dismiss the remaining assignments of error, without prejudice for the Blakelys to file a petition for writ of mandamus in the event they fail to obtain rulings on the pending discovery motions prior to the evidentiary hearing on remand. See Lakeshore Townhomes Condo. Ass’n v. Bush, 664 So. 2d 1170 (Fla. 4th DCA 1995) (“While mandamus is not available to compel a judge to rule a particular way, it is appropriate to compel some ruling.”).
