Blakely v. First Protective Ins. Co.

District Court of Appeal of Florida

Blakely v. First Protective Ins. Co.

260 So. 3d 1200

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2019

DocketNo. 3D18-1511

StatusPublished

This text of 260 So. 3d 1200 (Blakely v. First Protective Ins. Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blakely v. First Protective Ins. Co., 260 So. 3d 1200 (Fla. Ct. App. 2019).

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Opinion

PER CURIAM.

Geraldine and Christopher Blakely (the "Blakelys") appeal a non-final order compelling them to participate in appraisal in their first-party property insurance dispute with First Protective Insurance Company ("FPIC"). Pursuant to FPIC's commendable partial confession of error, we hereby reverse the trial court's order compelling appraisal before conducting an evidentiary hearing.¹ See Universal Prop. & Cas. Ins. Co. v. Abbott, 63 So.3d 924 (Fla. 3d DCA 2011), citing *1201Citizens Prop. Ins. Corp. v. Maytin, 51 So.3d 591 (Fla. 3d DCA 2010) ; Citizens Prop. Ins. Corp. v. Galeria Villas Condo. Ass'n, Inc., 48 So.3d 188, 191 (Fla. 3d DCA 2010). We therefore remand this cause for further proceedings, including a properly noticed evidentiary hearing.

Reversed and remanded with instructions.

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PER CURIAM.

Geraldine and Christopher Blakely (the "Blakelys") appeal a non-final order compelling them to participate in appraisal in their first-party property insurance dispute with First Protective Insurance Company ("FPIC"). Pursuant to FPIC's commendable partial confession of error, we hereby reverse the trial court's order compelling appraisal before conducting an evidentiary hearing.¹ See Universal Prop. & Cas. Ins. Co. v. Abbott, 63 So.3d 924 (Fla. 3d DCA 2011), citing *1201Citizens Prop. Ins. Corp. v. Maytin, 51 So.3d 591 (Fla. 3d DCA 2010) ; Citizens Prop. Ins. Corp. v. Galeria Villas Condo. Ass'n, Inc., 48 So.3d 188, 191 (Fla. 3d DCA 2010). We therefore remand this cause for further proceedings, including a properly noticed evidentiary hearing.

Reversed and remanded with instructions.

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Bluebook (online)

260 So. 3d 1200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blakely-v-first-protective-ins-co-fladistctapp-2019.

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