Huy H. Tang and Dung D. Tran v. Citizens Property Insurance Corporation
Insureds appealed an interlocutory order from a DOAH administrative law judge denying their motion to terminate a Citizens Property Insurance ADR proceeding under §627.351(6)(ll)1. The Third DCA dismissed for lack of jurisdiction, holding that neither Rule 9.130 (limited to court orders) nor Rule 9.100/§120.68(1)(b) (limited to Chapter 120 APA proceedings) provides a basis for nonfinal appellate review of orders issued during Citizens' statutory ADR proceedings.
Key facts
- Huy H. Tang and Dung D. Tran held a Citizens Property Insurance policy and submitted a claim that Citizens disputed as not covered; Citizens then invoked the statutory ADR mechanism under §627.351(6)(ll)1., Florida Statutes, requiring the dispute to be resolved before the Division of Administrative Hearings.
- The insureds filed a 'Motion to Dispense with Arbitration Proceeding' in the DOAH proceeding; the assigned ALJ denied the motion by order dated October 23, 2024.
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Holdings
- Rule 9.130 is limited to nonfinal orders of 'courts' under Art. V, §4(b)(1), Fla. Const., and does not extend to orders of administrative tribunals, which are governed by Art. V, §4(b)(2)…
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