NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant,
v.
Rick SCHWEITZER and Linda Schweitzer, Appellees.
District Court of Appeal of Florida, Fourth District.
*279 Michael R. Nelson, Craig A. Cohen, Matthew Stool of Nelson, Levine, de Luca & Horst, LLC, Blue Bell, PA, and Steven Brady, Swartz, Campbell & Detweiler, Fort Myers, for appellant.
Jeffrey Orseck of Jeffrey Orseck, P.A., Ft. Lauderdale, Brian M. Torres of Sheftall & Torres, P.A., Miami, Jack Scarola of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, and Diran V. Seropian of Caruso & Burlington, P.A., West Palm Beach, for appellees.
ORDER DISMISSING APPEAL
KLEIN, J.
Appellee plaintiffs filed this as a class action, purporting to represent claimants for whom Nationwide specified non-original equipment manufacturer aftermarket crash parts for the repair of damaged vehicles. Nationwide requested, under the terms of the insurance policy, that plaintiffs submit their dispute to appraisal. When plaintiffs refused, Nationwide moved to compel appraisal, which the trial court denied. Nationwide appeals, but we dismiss for lack of jurisdiction.
Nationwide argues that we have jurisdiction of the order denying its motion for appraisal under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv), which authorizes appeals from non-final orders involving "the entitlement of a party to arbitration." Nationwide acknowledges Allstate Insurance Company v. Suarez,
Suarez plainly held that an appraisal provision is not an agreement to arbitrate. It follows from Suarez that an order granting or denying an appraisal is not appealable as an order involving entitlement to arbitration. Travelers Insurance Co. v. Bruns,
STONE and TAYLOR, JJ., concur.
