CITIZENS PROPERTY INSURANCE COMPANY, APPELLANT,
v.
HERBERT J. ASHE, APPELLEE

Fla. 1st DCA | 2007-10-30
No. 1D06-6506
DAVIS, LEWIS, and ROBERTS, JJ., concur.
967 So. 2d 420 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

REVERSED and REMANDED. See Fla. Farm Bureau Cas. Ins. Co. v. Cox, 967 So. 2d 815, 2007 WL 2727072 (Fla. Sept. 20, 2007).

DAVIS, LEWIS, and ROBERTS, JJ., concur.


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  • Citizens Prop. Ins. Corp. v. Ashe, 50 So. 3d 645 (Fla. 1st DCA 2010)
    …of final summary judgment, however, Mierz-wa was disapproved in Florida Farm Bureau Casualty Insurance Co. v. Cox, 967 So. 2d 815 (Fla.2007). On appeal of the summary judgment, this court reversed, citing Cox. See Citizens Property Ins. Co. v. Ashe, 967 So. 2d 420 (Fla. 1st DCA 2007). In Cox, the supreme court held that when the total loss is caused by the combination of covered and non-covered perils, the VPL does not apply. As this court recently explained in Florida Farm Bureau Casualty Insurance Co. v. M…

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