J & K Sai Hospitality LLC v. Steadfast Insurance Company, No. 23-10166 (11th Cir. 2024)

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USCA11 Case: 23-10166 Document: 62-1 Date Filed: 02/13/2024 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-10166 Non-Argument Calendar ____________________ THE KIDWELL GROUP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, Plainti , J & K SAI HOSPITALITY LLC, d.b.a. Suburban Extended Stay, Plainti -Appellee, versus STEADFAST INSURANCE COMPANY, Defendant-Appellant. USCA11 Case: 23-10166 2 Document: 62-1 Date Filed: 02/13/2024 Opinion of the Court Page: 2 of 2 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 PRYOR, and LUCK, 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 review 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 Insurance Co., 84 F.4th 1241 (11th Cir. 2023). The order compelling appraisal is a non-final interlocutory order that is not immediately appealable 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 jurisdiction. Steadfast Insurance Company’s unopposed motion to amend its response to the motion to dismiss is GRANTED, as we have considered the amended response.

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