Florida Insurance Guaranty Association v. Jose Valdez and Carmen Valdez
CourtDistrict Court of Appeal of Florida
Date FiledMarch 25, 2020
Docket2D18-3789
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
FLORIDA INSURANCE GUARANTY )
ASSOCIATION, )
)
Appellant, )
)
v. ) Case No. 2D18-3789
)
JOSE VALDEZ and CARMEN VALDEZ, )
)
Appellees. )
)
Opinion filed March 25, 2020.
Appeal from the Circuit Court for Pasco
County; Linda H. Babb, Judge.
Dorothy V. Difiore and Karen S. Shimonsky
of Quintairos, Prieto, Wood & Boyer, Tampa,
for Appellant.
George A. Vaka and Kurt J. Rosales of
Vaka Law Group, P.A., Tampa, for
Appellees.
KELLY, Judge.
Florida Insurance Guaranty Association (FIGA) appeals an order awarding
Jose and Carmen Valdez attorney's fees and costs in their action arising from a
sinkhole claim.1 In the recent decision of Heid v. Florida Insurance Guaranty Ass'n, No.
2D18-737, 2020 WL 1070948 (Fla. 2d DCA Mar. 6, 2020), this court held that the
specific language of section 631.54(3)(c), Florida Statutes (2012), precludes an award
of attorney's fees in connection with a claim for sinkhole damage involving FIGA. Id. at
*3. Accordingly, we reverse. As in Heid, we certify the following question to the Florida
Supreme Court as a matter of great public importance:
DOES THE LANGUAGE IN SECTION 631.54(3)(c)
REGARDING ATTORNEY'S FEES IN CONNECTION WITH
A SINKHOLE LOSS OPERATE TO PREVENT A SINKHOLE
CLAIMANT FROM RECEIVING FEES FROM FIGA UNDER
SECTION 631.70?
See id. at *4.
Reversed; question certified.
MORRIS and BADALAMENTI, JJ., Concur.
1FIGA does not challenge the trial court's award of costs to the Valdezes.
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