The Eleventh Circuit determined that the district court's order compelling an appraisal was not an appealable order under 28 U.S.C. 1291. Positano Place at Naples I Condominium Assoc., Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 13416 (11th Cir. May 31, 2023).

Empire issued a policy to Positano for five buildings. The policy provided for an appraisal if the parties disagreed on the amount of loss.