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POSITANO PLACE AT NAPLES I v. EMPIRE INDEMNITY

Nos. 22-11059, 22-10877, 22-11060, 22-10889.

84 F.4th 1241 (2023)

POSITANO PLACE AT NAPLES I CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit Corporation, Positano Place at Naples II Condominium Association, Inc., a Florida not-for-profit Corporation, Positano Place at Naples III Condominium Association, Inc., a Florida not-for-profit Corporation, Positano Place at Naples IV Condominium Association, Inc., a Florida not-for-profit Corporation, Plaintiffs-Appellees, v. EMPIRE INDEMNITY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: October 20, 2023.

Attorney(s) appearing for the Case

Mark Andrew Boyle, Sr. , Gregory Evans , Thomas E. Shepard , Boyle Leonard & Anderson, PA, Fort Myers, FL, Justin B. Mazzara , Hahn Loeser & Parks, LLP, Fort Myers, FL, Chene Marie Thompson , Pavese Law Firm, Fort Myers, FL, for Plaintiffs-Appellees.

J. Pablo Caceres , Mihaela Cabulea , Ryan Kent Hilton , Butler Weihmuller Katz Craig, LLP, Tampa, FL, Patrick Florian Hofer , Clyde & Co US LLP, Washington, DC, Christian Lee Gonzalez-Rivera , Law Office of Christian Gonzalez Rivera, Miami, FL, for Defendant-Appellant.

Before Luck, Lagoa, and Tjoflat, Circuit Judges.

On our own motion, we vacate our prior opinion, and substitute it with the following opinion. Empire's motion for panel rehearing is denied as moot.

These appeals1 are about a pending insurance contract dispute between Positano Place at Naples...

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