Blakely v. First Protective Ins. Co., 260 So. 3d 1200 (2019)

Jan. 30, 2019 · District Court of Appeal of Florida, Third District · No. 3D18-1511

260 So. 3d 1200

Geraldine BLAKELY and Christopher Blakely, Appellants,
v.
FIRST PROTECTIVE INSURANCE COMPANY d/b/a Frontline Insurance, Appellee.

No. 3D18-1511

District Court of Appeal of Florida, Third District.

Opinion filed January 30, 2019

Kramer Green Zuckerman Greene & Buchsbaum, P.A., and Robert I. Buchsbaum (Hollywood), for appellants.

Jay M. Levy, P.A. and Jay M. Levy, Miami, 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.

1 We 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.").