USCA11 Case: 23-10080 Document: 31-1 Date Filed: 07/28/2023 Page: 1 of 3
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10080
Non-Argument Calendar
____________________
NATIONAL SPECIALTY INSURANCE COMPANY,
a foreign corporation other,
d.b.a. South Beach Charters,
Plaintiff-Appellant,
versus
MARQUIS YACHTS, LLC,
a foreign corporation,
Defendant-Appellee.
USCA11 Case: 23-10080 Document: 31-1 Date Filed: 07/28/2023 Page: 2 of 3
2 Opinion of the Court 23-10080
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:21-cv-22066-AOR
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Before ROSENBAUM, NEWSOM, and ABUDU, Circuit Judges.
PER CURIAM:
The parties’ motion to dismiss this appeal, construed from
their joint jurisdictional question response, is GRANTED, and this
appeal is DISMISSED. National Specialty Insurance Company filed
this appeal seeking review of the district court’s order and judg-
ment granting Marquis Yachts, LLC’s motion for summary judg-
ment. We issued a limited remand for the district court to deter-
mine whether it had subject matter jurisdiction in the first instance.
On remand, the district court vacated its merits decision and dis-
missed the action for lack of subject matter jurisdiction. In their
joint response to the jurisdictional question, the parties agree that
there is not complete diversity of citizenship and, thus, that the dis-
trict court lacked jurisdiction.
As a result of the district court’s order on remand, this appeal
is now moot because there is no longer a merits decision to review.
See Brooks v. Ga. State Bd. of Elections,
59 F.3d 1114, 1118 (11th Cir.
1995) (explaining that we lack authority to adjudicate moot contro-
versies and must dismiss an appeal if something happens while the
USCA11 Case: 23-10080 Document: 31-1 Date Filed: 07/28/2023 Page: 3 of 3
23-10080 Opinion of the Court 3
case is on appeal that makes it impossible to grant a prevailing party
effectual relief).
