CITIZENS PROPERTY INSURANCE CORPORATION, A FLORIDA GOVERNMENT ENTITY, PETITIONER,
v.
MARILYN AGUIAR BELLAS, RESPONDENT
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.
Citizens Property Insurance Corporation's petition for certiorari was granted, quashing the trial court's order denying a stay based on waiver and directing the circuit court to stay proceedings pending neutral evaluation under section 627.7074(10), Florida Statutes.
A defendant does not waive its right to invoke the neutral evaluation process and obtain a mandatory stay under section 627.7074(10), Florida Statutes, merely by participating in litigation.
[1] A party does not waive its right to invoke the neutral evaluation process and obtain a mandatory stay under section 627.7074(10), Florida Statutes, by participating in li…
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 intelligenceCitizens Property Insurance Corporation sought a stay of action in a sinkhole claim lawsuit brought by Marilyn Aguiar Bellas, invoking the neutral eva…
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.
Explore caselaw by topic → Browse Departure From Essential Requirements Of Law cases and more on FLexlaw
Citizens Property Insurance Corporation seeks certiorari review of the trial court’s order that denied Citizens a stay of action based upon the court’s finding that Citizens waived its right to neutral evaluation of the sinkhole claim upon which Marilyn Aguiar Bellas’s lawsuit was based. Citizens argues that the amended stay provision of the neutral evaluation statute that is set forth in section 627.7074(10), Florida Statutes (2011), mandates an automatic litigation stay; that the trial court erroneously concluded that Citizens’ participation in litigation constituted a waiver of its right to a stay; that the trial court departed from the essential requirements of the law; and that the order causes it irreparable injury not remediable on plenary appeal.
For the reasons expressed in Citizens Property Insurance Corp. v. Trapeo, 136 So.3d 670, 39 Fla. L. Weekly D245 (Fla. 2d DCA 2014), we (1) grant the petition for writ of certiorari, in part, and quash the trial court’s order to the extent that it prohibits Citizens from invoking the neutral evaluation process and (2) convert the petition for writ of certiorari, in part, to a petition for writ of mandamus, grant mandamus, and direct the circuit court to stay the underlying proceedings pending the completion of the neutral evaluation process. See also Citizens Prop. Ins. Corp. v. *1020 Hanos, — So.3d — (Fla. 2d DCA 2014); Citizens Prop. Ins. Corp. v. Finley, — So.3d—(Fla. 2d DCA 2014).
Certiorari petition granted; order quashed; mandamus petition granted with directions.
NORTHCUTT and VILLANTI, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Citizens Prop. Ins. Corp. v. Diamantopulos, 148 So. 3d 547 (Fla. 2d DCA 2014)…writ of mandamus and [*548] direct the circuit court to stay the underlying proceedings pending completion of the neutral evaluation process. See Citizens Prop. Ins. Corp. v. King, — So. 3d — (Fla. 2d DCA 2014); Citizens Prop. Ins. Corp. v. Bellas, 147 So. 3d 1019 (Fla. 2d DCA 2014); Citizens Prop. Ins. Corp. v. Hanos, — So. 3d — (Fla. 2d DCA 2014). Certiorari petition granted; order quashed; mandamus petition granted with directions. DAVIS, C.J., and WALLACE, J., Concur.…
Authorities Cited
- Citizens Prop. Ins. Corp. v. Trapeo, 136 So. 3d 670 (Fla. 2d DCA 2014)