Appeal Dismissed for Lack of Jurisdiction

In Federated National Insurance Co. v. Palenzuela (3D08-1472) the Third DCA dismissed the appeal for lack of jurisdiction because the order appealed was not "an adjudication on the merits which effectuates a termination of the cause as between the parties directly affected." The insurer appealed an order confirming an appraisal award which stated:

1. The motion to confirm the appraisal award be and the same is hereby granted.

2. Petitioner, FEDERATED NATIONAL INSURANCE COMPANY shall have 20
days [from] the date of this order to satisfy the appraisal award.

3. The Court shall continue to reserve jurisdiction to enforce the
terms of this order, to determine the issues related to Respondent’s claims to
entitlement to an award of reasonable attorneys fees pursuant to Fla. Stat.
§627.428, interest and court costs.

The circuit court reserved jurisdiction and did not include the words of finality, therefore, it was not a final order. The Third DCA also rejected the insurer's argument that the recent amendment to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) entitled the insurer to an interlocutory review. The amendment is only applicable to orders determining entitlement to appraisal and not for orders dealing with the actual appraisal.