MIAMI — An appeals court will not review a lower court's clarification order in a lawsuit against the head of a construction company and insurance company for failing to defend the company from a tort claim.
Third District Court of Appeals Judge Richard Suarez issued a four-page ruling on Jan. 30, dismissing a motion in the lawsuit filed by John Hughes III against Mid-Continent Casualty Company (MCC) and Roman Flicker.
The appeals court held that the lower court's clarification order was not appealable, as it lacks jurisdiction.
Hughes, on behalf of Flicker Construction, sued Mid-Continent and Flicker, the sole director of the company, for failing to protect Flicker from a court judgment.
"The issues raised in this appeal of the trial court’s Aug. 23, 2016 order actually stem from the trial court’s May 26, 2016 order granting MCC’s motion to sever Hughes’s indemnification claim against MCC from Hughes’s tort claims against Roman Flicker," the ruling says.
On Jun. 30, 2016, the lower court "entered an order directing Hughes to pay a filing fee in order to obtain a new case number for the severed indemnification claim against MCC," with Hughes filing for certiorari review once again, the ruling said.
The lower court denied the review on Sept. 27, 2016.
While the review was pending, Hughes filed the motion for clarification, requesting "guidance as to what additional steps must be taken to obtain a new case number," the ruling said. The court ordered Hughes to pay a complaint fee and attach the complaint with the fee within 48 hours.
Florida Third District Court of Appeal Case number 3D16-2045