POINCIANA WEST 1A CONDOMINIUM ASSOCIATION
v.
ASPEN SPECIALTY INSURANCE COMPANY, ET AL.

Fla. 3d DCA | 2024-08-21
No. 2023-1364
Lopez, J., Scales, J., Miller, J., Bokor, J.
2024 FL 10268 Florida District Court of Appeal, Third District (2024)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A condominium association's demand for appraisal is not ripe when the association fails to produce the condominium's bylaws, board meeting minutes, and property management contracts necessary to establish a disagreement under the policy's appraisal provision.


Headnotes

[1] A condominium association's demand for appraisal under an insurance policy is not ripe for adjudication when the association fails to produce bylaws, board meeting minute…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Poinciana West 1A Condominium Association sought appraisal under an insurance policy issued by Aspen Specialty Insurance Company. The association fail…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed August 21, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1364 Lower Tribunal No. 15-16147 ________________

Poinciana West 1A Condominium Association, Appellant,

vs.

Aspen Specialty Insurance Company, et al., Appellees.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.

Alvarez, Feltman, Da Silva & Costa, P.L., and Paul B. Feltman, for appellant.

Berk, Merchant & Sims, PLC, and Patrick E. Betar and Jonathan D. Tobin, for appellee Aspen Specialty Insurance Company.

Before SCALES, MILLER, and BOKOR, JJ.

PER CURIAM.

2

Affirmed. See Citizens Prop. Ins. Corp. v. Galeria Villas Condo. Ass’n, 48 So. 3d 188, 191 (Fla. 3d DCA 2010) (concluding that, because the condominium association failed to produce the condominium’s bylaws, minutes of the condominium association’s board meetings, and contracts for property management services, there was no “disagreement” under the policy’s appraisal provision and, therefore, the condominium association’s demand for an appraisal was not ripe).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw