People's Trust Insurance Company v. Gonzalez
In a first-party property insurance suit, the trial court entered partial summary judgment ordering the insurer to pay $70,800 for fire damage to the home within ten days, while leaving related claims (including personal property fire damage) unresolved. The Third District held the order was neither an appealable partial final judgment (because judicial labor on factually intertwined claims remained) nor an enumerated non-final appealable order, treated the appeal as a certiorari petition, and quashed the portions requiring payment before final judgment.
Key facts
- People's Trust Insurance Company appealed a trial court order granting partial summary judgment requiring the insurer to pay $70,800 for fire damage to a home within ten days, while leaving claims for personal property fire damage and related matters unresolved.
- The trial court entered the partial summary judgment order on the insurer's property damage claim but did not resolve all factually related claims in the lawsuit.
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Why it matters
Practitioners facing interim-payment orders — increasingly common in first-party property insurance litigation — now have Third District authority confirming that certiorari, not appeal, is the proper vehicle and that… — full analysis with a trial
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