People's Trust Insurance Company v. Gonzalez
In a first-party fire insurance case, the trial court ordered the insurer to pay $70,800 within ten days while leaving factually intertwined claims (including personal property damage) unresolved. The Third District agreed the order was neither a partial final judgment under Rule 9.110(k) nor an appealable non-final order under Rule 9.130, but held that an order compelling an interim payment with no avenue for appeal causes irreparable harm reviewable by certiorari, and converted the insurer's initial brief into a certiorari petition under Rule 9.040(c).
Key facts
- People's Trust Insurance Company appealed a trial court order requiring it to pay $70,800 in an insurance coverage dispute while other factually intertwined claims, including personal property damage, remained unresolved.
- The trial court ordered payment within ten days but did not issue a final judgment on all claims in the case.
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Why it matters
Useful for practitioners facing trial court orders compelling interim payments before final judgment: the opinion confirms such orders are not appealable but are subject to certiorari review because execution prior to a… — full analysis with a trial
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