J & K Sai Hospitality LLC v. Steadfast Insurance Company

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10166
Non-Argument Calendar
____________________
THE KIDWELL GROUP LLC
d.b.a. Air Quality Assessors of Florida,
other Suburban Extended Stay Kunal Patel,
Plaintiff,
J & K SAI HOSPITALITY LLC,
d.b.a. Suburban Extended Stay,
Plaintiff-Appellee,
versus
STEADFAST INSURANCE COMPANY,
Defendant-Appellant.
USCA11 Case: 23-10166 Document: 62-1 Date Filed: 02/13/2024 Page: 1 of 2

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2 Opinion of the Court 23-10166
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 3:22-cv-04377-MCR-MJF
____________________
Before JORDAN , JILL P RYOR , and L UCK , Circuit Judges.
PER CURIAM:
J & K Sai Hospitality LLC’s motions to dismiss this appeal
for lack of jurisdiction are GRANTED. We lack jurisdiction to re-
view the district court’s order compelling appraisal and staying the
proceedings pending appraisal for the reasons stated in Positano
Place at Naples I Condominium Association v. Empire Indemnity Insur-
ance Co., 84 F.4th 1241 (11th Cir. 2023). The order compelling ap-
praisal is a non-final interlocutory order that is not immediately ap-
pealable under 28 U.S.C. § 1292(a)(1) or the Federal Arbitration
Act. See id. at 1255.
Accordingly, this appeal is DISMISSED for lack of jurisdic-
tion. Steadfast Insurance Company’s unopposed motion to amend
its response to the motion to dismiss is GRANTED, as we have
considered the amended response.
USCA11 Case: 23-10166 Document: 62-1 Date Filed: 02/13/2024 Page: 2 of 2

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