Sentry Public Adjusting, LLC v. Captiva Lakes Condominium Association, Inc.
A public adjuster that had filed a notice of lien, but never intervened or moved to enforce the lien before the case was dismissed on settlement, was later hauled into show-cause proceedings to litigate its entitlement to settlement proceeds. The Third DCA granted prohibition, holding the dismissal order's reservation of jurisdiction 'to enforce the settlement' did not authorize the trial court to adjudicate a non-party's lien rights or its separate contract with the plaintiff.
Key facts
- Sentry Public Adjusting, LLC, a public adjuster, filed a notice of lien in a condominium association's insurance dispute case but never intervened or moved to enforce the lien before the case was dismissed on settlement.
- The trial court issued a show-cause order requiring Sentry to litigate its entitlement to settlement proceeds, relying on a reservation of jurisdiction to enforce the settlement agreement.
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Why it matters
Useful authority for lienholders, public adjusters, and former counsel resisting summary adjudication of their claims in a closed case, and conversely a warning to plaintiffs' counsel that a bare 'reserve jurisdiction… — full analysis with a trial
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