AMERICAN COASTAL INSURANCE COMPANY vs MARINA ISLES CLUB CONDOMINIUM ASSOCIATION, INC.

• Court: District Court of Appeal of Florida
• Decided: May 13, 2022
• Docket: 21-1221
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

AMERICAN COASTAL INSURANCE COMPANY,

Appellant,

v. Case No. 5D21-1221 LT Case No. 05-2020-CA-037089-X CORRECTED MARINA ISLES CLUB CONDOMINIUM ASSOCIATION, INC.,

Appellee.

________________________________/

Opinion filed May 13, 2022

Appeal from the Circuit Court for Brevard County, Curt Jacobus, Judge.

Ezequiel Lugo, of Banker Lopez Gassler, P.A., Tampa, and Eleanor Sills, of Banker Lopez Gassler, P.A., Tallahassee, for Appellant.

George A. Vaka and Nancy A. Lauten, of Vaka Law Group, P.L., Tampa, for Appellee.

WALLIS, J. American Coastal Insurance Company (American Coastal) appeals

the trial court's order denying its Petition to Compel Completion of Appraisal

and the order denying its Motion to Set Aside that order. We agree with

American Coastal with respect to the order denying the Motion to Set Aside

and reverse that order.1

In its Motion to Set Aside, American Coastal argued that the trial court

failed to serve all of its attorneys of record with a copy of the order denying

the Petition to Compel Completion of Appraisal and, therefore, it was unable

to timely move for rehearing or appeal that order. In support of its motion,

American Coastal attached a sworn affidavit signed by Attorney Kaps stating

that: he was not served with a copy of the order, he filed the Petition on behalf

of American Coastal, he was legal counsel for American Coastal, and that

his name and email address were listed on the signature block of the Petition

to Compel Completion of Appraisal along with two other attorneys

representing American Coastal. The affidavit also stated that Attorney Kaps

appeared at the hearing on the Petition and presented arguments on behalf

of American Coastal.

1 Because we reverse the order denying the Motion to Set Aside, we do not address the arguments raised with regard to the order denying the Petition to Compel Completion of Appraisal.

2 "An attorney may appear in a proceeding . . . by serving and filing, on

behalf of a party, the party's first pleading or paper in the proceeding." Fla.

R. Jud. Admin. 2.505(e)(1) (2020); Paul v. Wells Fargo Bank, N.A., 68 So.

3d 979, 983 (Fla. 2d DCA 2011). Thus, we hold that the court abused its

discretion in failing to set aside the order denying the Petition after it failed to

serve Attorney Kaps with a copy of that order after he had appeared in the

case. See Paul, 68 So. 3d at 983. Accordingly, we reverse and remand for

the trial court to reenter the order so that American Coastal has the

opportunity to file a timely motion for rehearing.

REVERSED and REMANDED with Instructions.

SASSO and WOZNIAK, JJ., concur.