Essex Ins. Co. v. Mercedes Zota , 534 F.3d 1374 ( 2008 )

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JULY 16, 2008
Nos. 05-13457 & THOMAS K. KAHN
No. 05-14671 CLERK
________________________
D. C. Docket No. 04-60619-CV-JIC
ESSEX INSURANCE COMPANY,
Plaintiff-Appellant,
versus
MERCEDES ZOTA,
MIGUEL ZOTA,
Defendants-Third-Party
Plaintiffs-Appellees,
LIGHTHOUSE INTRACOASTAL, INC.,
JACK FARJI, an individual,
BROWARD EXECUTIVE BUILDERS, INC.,
Defendants-Appellees,
R.A. BRANDON & CO., INC.,
Third-Party
Defendant.
________________________
Appeals from the United States District Court
for the Southern District of Florida
_________________________
(July 16, 2008)
Before TJOFLAT and CARNES, Circuit Judges and HODGES,* District Judge.
PER CURIAM:
Previously in this case we certified five unsettled questions of state law to
the Florida Supreme Court. Essex Ins. Co. v. Zota, 466 F.3d 981 (11th Cir. 2006).
That Court has responded with an opinion that thoroughly discusses and decides
the primary state law question that we certified. Essex Ins. Co. v. Zota, ___ So. 2d
___, 2008 WL 2520879 (Fla. June 26, 2008). As the Florida Supreme Court
opinion explains, the answer it gave to the first certified question moots the second
one, and it partially answers the fifth one. Id. at *3. The Court determined that the
remaining issues we certified cannot be decided from the summary judgment
record without additional findings which the district court has not yet made. Id.
We express our gratitude to the Florida Supreme Court and, as a result of its
decision, vacate the judgment of the district court and remand for further
proceedings consistent with that decision and with our previous opinion in this
*
Honorable William Terrell Hodges, United States District Judge for the Middle District
of Florida, sitting by designation.
2
case. See Zota, 466 F.3d at 990 n.1.
VACATED AND REMANDED.
3