Citizens Property Insurance Corporation v. Diamantopulos

148 So. 3d 547, 2014 Fla. App. LEXIS 16822, 2014 WL 5155334

• Court: District Court of Appeal of Florida
• Decided: October 15, 2014
• Docket: 2D14-1006
• Status: Published

Opinion

SLEET, Judge.

Citizens Property Insurance Corporation (“Citizens”) seeks certiorari review of the trial court’s order sustaining Mario and Arie Diamantopulos’ objection to Citizens’ notice of automatic stay on the basis that Citizens waived its right to neutral evaluation. Citizens also seeks a writ of mandamus directing the trial court to stay the proceedings during neutral evaluation. For the reasons expressed in Citizens Property Insurance Corp. v. Trapeo, 136 So.3d 670 (Fla. 2d DCA 2014), we grant the petition for writ of certiorari and quash the trial court’s order to the extent that it prohibits Citizens from invoking the neutral evaluation process. We also grant the petition for writ of mandamus and 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.