Riley Love v. Florida Family Insurance Company - Insurance Appraisal Dispute
Summary
The Florida District Court of Appeal granted a motion to dismiss an appeal filed by Riley and Jill Love against Florida Family Insurance Company. The court found the nonfinal order denying their motion to set aside an appraisal award was not appealable under the relevant rules.
What changed
The Florida District Court of Appeal, Third District, granted a motion to dismiss an appeal filed by Riley and Jill Love concerning an order that denied their motion to set aside an appraisal award in a dispute with Florida Family Insurance Company. The court determined that the order was a nonfinal, nonappealable order, as it did not meet the criteria for interlocutory appeals under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) and that a related counterclaim remained pending, preventing the order from being considered final.
This decision means the appeal is dismissed, and the underlying case will proceed in the lower tribunal. Insurers and policyholders involved in similar appraisal disputes should be aware that orders denying motions to set aside appraisal awards may not be immediately appealable, and jurisdiction will be strictly construed based on established appellate rules. Parties should ensure they are following the correct procedural pathways for appeals, particularly concerning nonfinal orders.
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March 11, 2026 Get Citation Alerts Download PDF Add Note
Riley Love v. Florida Family Insurance Company
District Court of Appeal of Florida
- Citations: None known
Docket Number: 3D2025-2537
Combined Opinion
Third District Court of Appeal
State of Florida
Opinion filed March 11, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-2537
Lower Tribunal No. 21-CA-446-P
Riley Love, et al.,
Appellants,
vs.
Florida Family Insurance Company,
Appellee.
An Appeal from the Circuit Court for Monroe County, James W.
Morgan, III, Judge.
Josef Timlichman Law, PLLC, and Josef Timlichman (Hollywood), for
appellants.
Banker Lopez Gassler, P.A., and Chris W. Altenbernd and Gabriella E.
Lopez (Tampa) and Eleanor H. Sills (Tallahassee), for appellee.
Before MILLER, GORDO and BOKOR, JJ.
PER CURIAM.
ON MOTION TO DISMISS
Riley and Jill Love appeal an order denying their motion to set aside
an appraisal award. The Loves seek review of this nonfinal order under
Florida Rule of Appellate Procedure 9.130. But they have identified no
provision of the rule that would allow an appeal. Rule 9.130(a)(3)(C)(iv)
authorizes an appeal of a nonfinal order that determines “the entitlement of
a party to an appraisal under an insurance policy.” But the order granting
entitlement to appraisal was entered in 2022 and could have been appealed
then (and wasn’t). See Certain Underwriters at Lloyd’s, London v. Gables
Court Condo. Ass’n, Inc., 357 So. 3d 759, 761 n.1 (Fla. 3d DCA 2023)
(finding jurisdiction to review a nonfinal order compelling appraisal pursuant
to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv)). The rule does not
separately authorize an appeal of a nonfinal order denying a motion to set
aside an award subsequently entered.
And we cannot consider this a final, appealable order because a
counterclaim for breach of contract remains pending that “rel[ies] on the
same operative facts” as the petition to compel appraisal. Homeowners
Choice Prop. & Cas. Ins. Co. v. Fraser, 346 So. 3d 228, 230 (Fla. 3d DCA
2022); see also Marinich v. Special Edition Custom Homes, LLC, 1 So. 3d
1197 (Fla. 2d DCA 2009) (dismissing an appeal for lack of jurisdiction
because an interrelated counterclaim remained pending below). We
2
therefore grant the motion to dismiss as an appeal of a nonappealable,
nonfinal order.
Motion to dismiss granted; appeal dismissed.
3
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