Kansas R. Gooden and Geneva R. Fountain prevailed on appeal and obtained an order denying a plaintiff’s petition for second tier certiorari in the Fifth District Court of Appeal. A county court issued an order compelling the plaintiff to participate in appraisal based on the language of an appraisal clause in an insurance policy, abating trial court proceedings, and prohibiting the plaintiff from seeking discovery.
The plaintiff filed a notice of appeal and the Boyd & Jenerette team moved to dismiss for lack of jurisdiction. The circuit court granted the motion to dismiss based on the defendant’s argument that the county court’s order was not appealable, and the circuit court lacked jurisdiction because the order appealed was a non-final, non-appealable order. The plaintiff then filed an appeal of the circuit court’s order with the Fifth District Court of Appeal. Ultimately, the issue proceeding in the Fifth District as a petition for second tier certiorari. The defendant argued there was no departure from the essential requirements of the law and that the plaintiff had been afforded due process.