BLAKELY
v.
FIRST PROTECTIVE INS. CO.
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The Blakelys appealed a trial court order compelling them to participate in appraisal in their first-party property insurance dispute with First Protective Insurance Company. The Third District Court of Appeal reversed the order on partial confession of error, finding that the trial court improperly compelled appraisal before conducting a properly noticed evidentiary hearing.
A trial court may not compel appraisal before conducting a properly noticed evidentiary hearing. The order compelling appraisal is reversed and the case is remanded for further proceedings including a properly noticed evidentiary hearing.
[1] In a first-party property insurance dispute, an evidentiary hearing must be conducted before appraisal can be compelled.
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Join FLexlaw to unlock all legal intelligenceGeraldine and Christopher Blakely initiated a first-party property insurance claim against First Protective Insurance Company d/b/a Frontline Insuranc…
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Opinion filed January 30, 2019. ________________ No. 3D18-1511 Lower Tribunal No. 18-179 ________________ Geraldine Blakely and Christopher Blakely, Appellants, vs. First Protective Insurance Company d/b/a Frontline Insurance, Appellee. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge. Kramer Green Zuckerman Greene & Buchsbaum, P.A., and Robert I. Buchsbaum (Hollywood), for appellants. Jay M. Levy, P.A. and Jay M. Levy, for appellee. Before SCALES, LINDSEY, and MILLER, JJ. ON PARTIAL CONFESSION OF ERROR PER CURIAM. Geraldine and Christopher Blakely (the “Blakelys”) appeal a non-final order compelling them to participate in appraisal in their first-party property insurance commendable partial confession of error, we hereby reverse the trial court's order compelling appraisal before conducting an evidentiary hearing.1 See Universal Prop. & Cas. Ins. Co. v. Abbott, 63 So. 3d 924 (Fla. 3d DCA 2011), citing Citizens Prop. Ins. Corp. v. Maytin, 51 So. 3d 591 (Fla. 3d DCA 2010); Citizens Prop. Ins.
Corp. v. Galeria Villas Condo. Ass'n, Inc., 48 So. 3d 188, 191 (Fla. 3d DCA 2010).
We therefore remand this cause for further proceedings, including a properly noticed evidentiary hearing.
Reversed and remanded with instructions.
1We dismiss the remaining assignments of error, without prejudice for the Blakelys to file a petition for writ of mandamus in the event they fail to obtain rulings on the pending discovery motions prior to the evidentiary hearing on remand. See Lakeshore Townhomes Condo. Ass’n v. Bush, 664 So. 2d 1170 (Fla. 4th DCA 1995) (“While mandamus is not available to compel a judge to rule a particular way, it is appropriate to compel some ruling.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Citizens Prop. Ins. Corp. v. Galeria Villas Condo. Ass'n, Inc., 48 So. 3d 188 (Fla. 3d DCA 2010)
- Citizens Prop. Ins. Corp. v. Maytin, 51 So. 3d 591 (Fla. 3d DCA 2010)
- Lakeshore Townhomes Condo. Ass'n, Inc. v. Bush, 664 So. 2d 1170 (Fla. 4th DCA 1995)
- Universal Prop. & Cas. Ins. Co. v. Gerrtrude Abbott, 63 So. 3d 924 (Fla. 3d DCA 2011)