CITIZENS PROPERTY INSURANCE CORPORATION, A FLORIDA GOVERNMENT ENTITY, PETITIONER,
v.
REBECCA HANOS, RESPONDENT
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Citizens Property Insurance Corporation's petition for certiorari and mandamus is granted, requiring the trial court to enter an automatic stay pending neutral evaluation as mandated by Florida Statute section 627.7074(10).
A trial court must enter an automatic stay of proceedings when an insurer invokes the neutral evaluation process under section 627.7074(10), Florida Statutes, and cannot deny the insurer's right to invoke that process.
[1] An insurer's invocation of the neutral evaluation process under section 627.7074(10), Florida Statutes, triggers a mandatory automatic stay of underlying proceedings that…
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Join FLexlaw to unlock all legal intelligenceCitizens Property Insurance Corporation sought to invoke the neutral evaluation process in a breach of contract action brought by Rebecca Hanos over r…
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Citizens Property Insurance Corporation seeks certiorari review of the trial court’s order denying its request for an automatic stay pursuant to section 627.7074(10), Florida Statutes, in the breach of contract action brought against Citizens by Rebecca Hanos.
That underlying action stems from a dispute between the parties over repairs made to Hanos’ home after sinkhole damage was discovered. Prior to trial, Citizens invoked the neutral evaluation process outlined in section 627.7074 and filed a notice of automatic stay pursuant to subsection (10) of the statute. The trial court then entered an order denying Citizens’ “request” for a stay.
To the extent that order prohibits Citizens from invoking the neutral evaluation process, we grant the petition and quash the order. See Citizens Prop. Ins. Corp. v. Trapeo, 136 So.3d 670 (Fla. 2d DCA 2014); Citizens Prop. Ins. Corp. v. Finley, 160 So.3d 1286 (Fla. 2d DCA 2014). Furthermore, we treat the remaining portion of Citizens’ petition before this court — the portion that challenges the trial court’s refusal to enter the automatic stay — as a petition for writ of mandamus and grant the petition. The trial court is directed to stay the underlying proceedings pending the completion of the neutral evaluation as required by section 627.7074(10).
Certiorari petition granted; order quashed; mandamus petition granted with directions.
NORTHCUTT and MORRIS, JJ., Concur.
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Cited By
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Citizens Prop. Ins. Corp. v. King, 161 So. 3d 463 (Fla. 2d DCA 2014)…ce Corp. v. Trapeo, 136 So. 3d 670, 673 (Fla. 2d DCA 2014), to the extent the order under review prohibits Citizens from invoking the neutral evaluation process, we grant the petition and quash the order. See also Citizens Prop. Ins. Corp. v. Hanos, 161 So. 3d 424 (Fla. 2d DCA 2014); Citizens Prop. Ins. Corp. v. Finley, 160 So. 3d 1286 (Fla. 2d DCA 2014). Additionally, we treat the remaining portion of Citizens’ petition, challenging the denial of the automatic stay, as a petition for writ of mandamus and gra…1 / 2
Authorities Cited
- Citizens Prop. Ins. Corp. v. Trapeo, 136 So. 3d 670 (Fla. 2d DCA 2014)
- Citizens Prop. Ins. Corp. v. Finley, 160 So. 3d 1286 (Fla. 2d DCA 2014)